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(영문) 부산지방법원 2016.07.14 2016가합41367

대여금

Text

1. The Defendant: (a) from February 24, 2016, to Plaintiff A, KRW 400,000, and KRW 230,000 to Plaintiff B, and each of the said money.

Reasons

1. Facts of recognition;

A. On March 4, 2015, the Defendant purchased more than 170 households of Asan-si, Asan E apartment (hereinafter “the instant apartment”) located on the fourth and four lots of land from Asan-si, Asan-si, and completed the registration of ownership transfer.

(hereinafter the above sales contract is “the instant sales contract,” and the sales price is “the instant sales price.”

In order to raise the instant purchase price, the Defendant obtained a loan from a Mz comprehensive financial securities company (hereinafter “Mez comprehensive financial securities”). On April 10, 2015, the Defendant concluded a real estate security trust agreement with the K non-real estate trust company (hereinafter “K non-real estate trust”) designated by the Mz comprehensive financial securities, and completed the registration of the trust.

C. On May 19, 2015, Lichi Development drafted a notarial deed of a monetary loan agreement (No. 717 of the document 2015, No. 716 of the document 2015, No. 716 of the document 2015), and a notarial deed (No. 716 of the document 2015, a notary public) stating that a notary public borrowed KRW 800 million from Plaintiff A as of August 30, 2015 between the Plaintiffs, and that a notary public borrowed 60 million from Plaintiff B as of August 30, 2015, respectively.

(hereinafter “each of the instant notarial deeds”) D.

At the time of the preparation of each of the instant notarial deeds, the Defendant agreed to pay directly to the Plaintiffs the amount of the Plaintiffs’ claim based on each of the instant notarial deeds out of the purchase price obligations.

E. On June 17, 2015, F, the Defendant’s internal director, agreed to transfer the shares of the Defendant Company F owned to the Plaintiffs, if the Defendant fails to repay the Plaintiffs’ claims based on each of the instant notarial deeds by August 30, 2015.

F. On June 19, 2015, the Defendant, on June 19, 2015, jointly and severally with the Defendant, against the Plaintiff A.