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(영문) 부산지방법원 동부지원 2018.09.13 2017가합105752

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 352,00,000 and KRW 300,000,000 among them, from January 31, 2015 to January 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person running a business related to the construction of glass and windows in Busan, and D Regional Housing Association Promotion Committee (the chairperson E; hereinafter “Association Promotion Committee”) is an organization established to promote the new apartment construction project (hereinafter “instant project”). Defendant B (hereinafter “Defendant B”) is an executor of the instant project along with the association promotion committee, and Defendant C is the agent of Defendant B.

B. On March 2014, the Plaintiff prepared a written agreement (Evidence A No. 1) with the promotion committee of partnership and the Defendants as follows.

The Chairperson E of the Committee for Promotion of the Agreement on Loans (hereinafter referred to as “A”) and Defendant B’s representative G (hereinafter referred to as “B”) and Defendant C’s representative director H (hereinafter referred to as “J”) and the Plaintiff (hereinafter referred to as “Plaintiff”) shall enter into a contract with respect to the construction of an apartment house (multi-family housing) and ancillary and welfare facility local apartment (hereinafter referred to as “this project”) in Busan Metropolitan City, Busan, Daegu, and at the same time, enter into a contract with respect to the construction of a new apartment (hereinafter referred to as “the project”) in good faith through the loan payment, security, and penalty provision.

“A” and “A” and “B” shall be leased KRW 300 million to “A” and “B” at the same time as this contract is concluded.

“A” and “B” mean a person who borrowed KRW 300 million from the well and at the same time designates as a purchaser of the full payment of the sale price under subparagraphs 106, 301, 106, and 2403 at the same time, and deliver two copies of the sales contract in full.

“A” and “B” shall pay to “A” and “B” both the loan amounting to KRW 300 million and the penalty for breach of contract when the right to designate a new construction project is revoked, withdrawn, or revoked under this Convention.

In the event that loans and penalty under the above 3 are paid, two copies of the sales contract in full under the above 2 are “A” and “A”.