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(영문) 수원지방법원 2016.02.16 2015가단44539

대여금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and interest rate of KRW 15% per annum from August 4, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant is a company established on January 18, 2010 in order to build a new building D with 4 underground and 10th above ground (hereinafter “instant building”) on the land in the Suwon-si waterway C and to carry out the business of selling it in lots, and the Plaintiff is an internal director of the Defendant Company.

B. On November 9, 2012, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiff as to the second floor Nos. 201 (hereinafter “instant commercial building”) among the instant building, with the supply amount of KRW 1,05,233,00 (the site price of KRW 346,80,000, building price of KRW 644,030,000, value added tax of KRW 6444,030,00, value added tax of KRW 64,403,00), and the said sales contract was formally concluded with the Plaintiff to receive an intermediate payment loan and use it as construction cost, etc.

C. On September 15, 2014, between E and E, the Defendant entered into a lease agreement with respect to the instant commercial building by setting the lease deposit of KRW 35 million, monthly rent of KRW 2 million (excluding value-added tax, the last day of each month), and the lease period from November 20, 2014 to November 19, 2017, and received KRW 35 million from E.

(1) On November 5, 2014, the Plaintiff completed the registration of ownership transfer for the instant commercial building. The Defendant spent totaling KRW 47,190,180 (hereinafter “instant acquisition tax, etc.”) with acquisition tax, etc. following the registration of ownership transfer.

(2) As to the instant commercial building, on November 5, 2014, the registration of creation of a neighboring mortgage, which was formed with the maximum debt amount of KRW 588,00,000,000, the debtor, the debtor, and the Korean National Bank Co., Ltd. (hereinafter “National Bank”), was completed on December 26, 2014, and the registration of creation of a neighboring mortgage, which was formed with the debtor, the debtor, the defendant, the mortgagee, and the Newcheon General Construction Co., Ltd., Ltd., the maximum debt amount of KRW 13 million,

E. On November 21, 2014, the Plaintiff succeeded to the above lease agreement between the Defendant and E, and is under the same conditions as the above lease agreement with E (However, monthly rent is to be paid on the 20th day of each month).