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(영문) 서울중앙지방법원 2018.12.20 2017가단67309

대여금

Text

1. The Defendants jointly share KRW 100,000,000 with respect to the Plaintiff and Defendant B from April 21, 2017 to April 17, 2018.

Reasons

1. In full view of the purport of the entire pleadings, the following facts are recognized in the statements in Gap evidence Nos. 1 to 18.

Defendant C is the friendly fault of Defendant B, and the Defendants are South Korea.

On March 15, 2017, the Defendants entered into a contract with Defendant C to purchase the “Seoul Special Metropolitan City F Building G (hereinafter “instant real estate”) for KRW 235,00,000 with the purchase price,” which is a new loan from D and E, as the purchaser of Defendant C.

According to the above sales contract, KRW 2 million shall be deposited in cash at the time of the contract, and KRW 30 million shall be deposited until March 9, 2017, and the balance of KRW 230 million shall be paid on April 28, 2017, but if the loan is not available, the down payment shall be returned and the termination of the contract may be terminated.

When Defendant B came to know of the shortage of loans, which are entitled to receive the instant real estate as security, to receive a loan on a deposit basis, and to pay part of the loans, Defendant B drafted a lease agreement for a loan for a loan for a loan for a loan with a deposit of KRW 150 million between D and E on April 11, 2017, and two years from April 21, 2017, and monthly rent of KRW 200,000,000.

Defendant B obtained a fixed date on April 17, 2017, and completed the move-in report on April 20, 2017.

On April 19, 2017, Defendant B did not speak that it had already concluded a sales contract under the name of Defendant C with the Plaintiff, but entered into a lease loan agreement with the Plaintiff to receive KRW 100 million from the deposit loan as collateral for the deposit repayment claim under the said lease agreement. On the same day, Defendant B notified the lessor D and E of the establishment of the lease deposit with the content certification with a fixed date. “The lease object will be repaid immediately when the lessor purchases the leased object during the lease period and the related party (such as lineal ascendant and descendant) changes the lessor.”