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(영문) 수원지방법원 2014.08.29 2013나45713

대여금

Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's claim against the defendant against the plaintiff acceptance intervenor is dismissed.

2...

Reasons

1. Basic facts

A. The details of payment of money to the Defendant by C family members (i) each real estate listed in the separate sheet (hereinafter referred to as “real estate 1 through 9” in sequence, each of the real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) was jointly owned by S, T, U, and V, which was originally owned by the Defendant’s directors, but around July 2009, theO, the representative director of which was the Plaintiff and the Defendant’s representative director, was seeking to purchase and develop each of the instant real estate under the name of the Defendant.

(2) The Plaintiff proposed C to raise funds for each real estate development project of this case, and C and their families paid money to the Defendant as follows.

1) On July 10, 2009, C, E, from the D’s account, KRW 70 million from the E’s account, KRW 70 million from the E’s account, and KRW 600 million from the F’s account, transferred the total amount of KRW 2 billion from the E’s account to the K bank account in the name of the law firm chipity. From that account, the amount of KRW 1 billion on July 14, 2009, KRW 1 billion on July 22, 2009, and KRW 1 billion on July 22, 2009, the two checks were sent to the Defendant, and each of the checks was delivered to the Defendant on July 28, 2009, KRW 90 million from the D’s account, KRW 300 million from the E’s account, KRW 300 million from the E’s account, KRW 1.3 billion from the E’s account to the Defendant on August 21, 2009.

(hereinafter referred to as “C Family members”) b. of C and their families, including D, F, E, and R.

On July 29, 2009, the Plaintiff and the Defendant’s representative director, as well as the Defendant’s representative director, leased KRW 4 billion to the Defendant as the purchase funds and other expenses of each of the instant real estate. The Defendant, who resells each of the instant real estate, made a written agreement on a monetary loan for consumption with the following content that the Plaintiff shall pay 30 billion won a loan to the Plaintiff and pay 40 billion won a loan to the Plaintiff

Pursuant to the above agreement, it shall be concluded.