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(영문) 서울남부지방법원 2015.05.08 2013가합14553

대여금 등

Text

1. The defendant,

A. The Plaintiff A Co., Ltd. shall pay KRW 23,517,400 and interest thereon from September 28, 2013 to the date of complete payment.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

The purpose of this case is a corporation established for the purpose of civil engineering and construction business, and Plaintiff B is the representative director of the Plaintiff Company. The Defendant is the Plaintiff Company’s 5,391 square meters of forest land D in Sungsung-si (hereinafter “instant land”).

E Co., Ltd. (hereinafter referred to as “E”) which is the owner of the

) The representative director’s business entity G, as well as F in a de facto marital relationship, is operating the business entity G, and at H and E in a eternic City I (hereinafter “H”) and “I”.

2) On the other hand, J purchased and developed K forest 12,246 square meters, L forest 4,649 square meters, M forest 6,241 square meters, and 4,892 square meters of M forest 6,241 square meters, which are adjacent to the instant land, and the part of the instant land was necessary as access roads.

Accordingly, the J received a written consent from E to use the instant land as a access road to the permission for development activities of neighboring land on January 201.

3) Plaintiff B’s representative director is N Co., Ltd. (hereinafter “N”).

(B) On December 5, 2011, the J purchased the right to purchase and the right to develop adjacent land in KRW 4 billion, and thereafter, the Plaintiffs continued to work on the neighboring land. (B) The Plaintiff Company and the Defendant’s transactional relationship 1) through the Sejong Industry Development Co., Ltd. (hereinafter “Sejin Industry Development”) (hereinafter “Sejin Industry Development”), a transaction enterprise, and the Plaintiff Company from April 24, 2012.

7.2 By the end, the Defendant supplied ready-mixeds equivalent to KRW 16,317,400 at the H construction site and at the I’s work site, and paid the price for the above ready-mixeds for the development of the coal industry.

2) On March 15, 2012, Plaintiff Company paid 7.2 million won to Plaintiff Company on behalf of the Defendant, at each of the above construction sites of the Defendant. C. Plaintiff B and Defendant’s transactional relationship 1) Plaintiff B are below Min Industrial Development Co., Ltd.