공동대여 회수금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic facts were: (a) the Plaintiff purchased the forest land G in the name of the Deceased in Busan City in 2001 with the remaining money from KRW 99.99 million and the network E (hereinafter “the deceased”); (b) around October 15, 2001, the Plaintiff sold the forest land to KRW 670 million (the contract amount of KRW 100 million, intermediate payment of KRW 30 million, and KRW 270 million).
The Deceased received the remainder of 270 million won on November 14, 2001.
On November 2001, the Plaintiff and the Deceased jointly lent KRW 999,990,00,000 for the above sale price, KRW 210,000,000 for the Deceased, and KRW 300,000,000 for the H reconstruction Housing Association (hereinafter “Association”).
Around April 2002, the Deceased received KRW 150 million from the partnership and additionally lent KRW 100 million to the partnership around April 10, 2002. In this case, the Plaintiff and the Deceased agreed to pay interest on KRW 250 million per month for the union and the loan of KRW 250,000,000, and to receive dividend of KRW 30,000,000 in addition to interest, the Union prepared a performance agreement (Evidence 2) containing the same content to the Plaintiff and the Deceased.
On July 29, 2002, the deceased additionally lent KRW 300 million to the union on July 29, 2002, and the existing KRW 250 million was replaced by the apartment sale right within the project site of the union.
On February 9, 2004, the Deceased additionally lent KRW 90 million to the Union.
On February 10, 2004, the deceased agreed to adjust the existing credit relationship with the union as follows.
At this time, the Plaintiff and the Deceased presented to the Union a written confirmation (No. 4) of the deceased containing the following contents, and the Deceased received this confirmation from the Union.
The principal of the loan: 6.40 million won ( ① KRW 2.5 million, ② KRW 3.9 million): Interest and dividends of KRW 3.46 million (interest of KRW 1.1 billion on KRW 2.5 million, KRW 36 million, KRW 36 million, KRW 300 million, KRW 2.8 million, KRW 1.44 billion, and KRW 2.5 million, KRW 36 million) paid to a person designated by the Deceased to pay dividends of KRW 30,000,000, KRW 36,000, KRW 300,000, KRW 444-type one room and KRW 50,00.