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(영문) 창원지방법원 2020.10.16 2019나61813

대여금

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The plaintiff's appeal is dismissed.

Pursuant to the conjunctive claim added by this Court, the defendant is the plaintiff on 200,000.

Reasons

1. Basic facts

A. The relationship between the parties 1)O is the P Co., Ltd. (hereinafter “P”).

A) The Plaintiff is the representative director of P. The Plaintiff is the management director of P. The Defendant is a person who runs a stone business with the trade name “R”.

B. Q entered into a sales contract with respect to seven parcels, including SP, in Jinju-si, 449 square meters, T 222 square meters, U 116 square meters, V 182 square meters, W 136 square meters, X 2,938 square meters,Y 2,473 square meters (hereinafter this year, August 29, 2014, the land category was changed to land for a factory as the remaining land was combined with the land in Jin-si, Jin-si.

hereinafter referred to as “X land” and when part of it is referred to or other land is referred to, it shall be referred to as “Z land”, etc.

A) The owner of the land X, who was in the process of the construction work, was aware of the O during the construction work, and the X land was to be sold to the O on October 30, 2012 due to construction costs, etc. (ii) Q sold X land to the O on KRW 768,690,000 (Provided, That the purchaser of the sales contract, taking into account the possibility of the final price change, stated “the Plaintiff and two other parties” in the sales contract column), the down payment, intermediate payment, 230,000,00 won, at the same time, was paid on November 30, 2012, and the payment, remainder payment, 468,690,000 won, and X’s land was agreed on February 28, 2013. < Amended by Act No. 11383, Feb. 28, 2013>

3) Q received down payment of KRW 70,000,000 on the same day, and the Plaintiff remitted intermediate payment of KRW 230,000,000 to Q on November 30, 2012. (c) The Defendant was operating a stock company AB in Jin-si, Jin-si, and requested the O to identify a factory site that may be purchased to Q around December 2012.

2O, upon recommending the Defendant to purchase X land, proposed that the factory construction on the above land should be subcontracted to it, and the Defendant accepted the X land and the O side after the Defendant purchased it on the above land.