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(영문) 서울남부지방법원 2016.10.05 2015가단224692

대여금

Text

1. The Defendants jointly share KRW 77,000,000 to the Plaintiff and Defendant D with respect thereto from August 6, 2015, and Defendant B from August 2015.

Reasons

1. Facts of recognition;

A. On October 13, 2010, the Plaintiff entered into a lease contract with Defendant B, the owner of the building of the above commercial building, setting the lease deposit deposit amounting to KRW 50,000,000, monthly rent of KRW 1,600,000, and the lease term of KRW 24 months from November 30, 2010.

On the other hand, at the time of concluding the above lease contract, Defendant B was the owner of the above commercial building, Defendant C was the on-site agent at the above new commercial building site, and Defendant D was the owner on the register of the above commercial building site.

B. Upon the lapse of the occupancy period stipulated in the above lease agreement, the completion of the instant commercial building was delayed, and the Plaintiff was faced with the situation where the Plaintiff was unable to move in, Defendant C requested the Plaintiff to lend the construction cost on April 8, 201, on the ground that the construction cost was insufficient to obtain approval for the use of the instant building. Accordingly, the Plaintiff lent KRW 107,000,000 in total to Defendant C on May 26, 201, and KRW 25,000,000 in total, KRW 42,000,000 on August 4, 2011.

(hereinafter “instant loan”). C.

Defendant B, on behalf of the Plaintiff on October 13, 2010, drawn up a lease agreement (No. 1-2) on No. 302 of the shopping mall of this case, which was retrospectively between the Plaintiff and the Plaintiff on behalf of Defendant D, and as a matter of the special agreement, decided to immediately repay KRW 40,00,000 as a member of the first floor mobile communication balance sheet among the loan amount (No. 107,00,000) arising from this agreement.

B. In addition, on September 30, 2012, the remaining amount of KRW 67,000,000, was written as the full repayment key. D. In addition, on August 4, 2011, Defendant B and C determined each debtor and the Plaintiff as the creditor, and borrowed KRW 107,000,000 from the Plaintiff.

40,000,000 won will be repaid for the remainder of the deposit at the time of the sale by the esthers agency in the same way as the lease contract entered in the port.

‘A' is a cash loan certificate (No. 3) with the content.