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(영문) 수원지방법원 2017.12.06 2016가합81433

대여금

Text

1. Defendant (Appointed Party) and Appointed C shall jointly and severally serve as KRW 341,00,000 on the Plaintiff and its attached Form 1.

Reasons

1. Basic facts

A. The Defendant and C are married couple, who carry out real estate development and sale business in the land area D forest in Chungcheongnam-si, Suwon-si.

B. On July 28, 2012, the Plaintiff purchased the said land from C in the amount of KRW 590 million, and paid the down payment of KRW 60 million on the date of the contract and the remainder of KRW 530 million on the date of the contract, respectively, on November 28, 2012.

C. On July 31, 2012, the Plaintiff and C drafted an agreement to borrow KRW 60 million from the Plaintiff, and the key contents are as follows.

The plaintiff (hereinafter referred to as "A") and C (hereinafter referred to as "B") (hereinafter referred to as "B") who are parties to an agreement shall enter into an agreement on the following terms and conditions in selling the following real estate:

Indication of Real Estate: D D D D in Suwon-si, Gyeonggi-do

1. “B” in borrowing gold 60,000,000 won to “A”, to settle the proceeds from the land which is sold in the first place among the parcels No. 1 to 11.

2.In the settlement of marginal profits, 50% of the remaining marginal profits, excluding land amounts and public charges calculated as KRW 1,500,000 per square meter, shall be paid to “A”.

3. If the settlement of accounts is not completed within six months from the date of the conclusion of the contract, “B” will pay “A” the principal amount of KRW 60,000,000 on the following day after the six months have elapsed, and at the same time pay the interest calculated on two copies per month from the date of the contract.

On December 17, 2012, the Plaintiff and C drafted a written confirmation that C borrowed a total of KRW 12 million from the Plaintiff.

E. On December 18, 2012, the Plaintiff and C drafted a loan certificate stating that C borrowed KRW 50 million from the Plaintiff.

F. On March 19, 2013, the Plaintiff and C drafted a loan certificate stating that C borrowed KRW 30 million from the Plaintiff.

The Plaintiff was returned KRW 15 million through E on April 30, 2013.

G. The Plaintiff and the Defendant owned the Defendant to secure KRW 166 million borrowed from the Plaintiff on August 1, 2013.