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(영문) 인천지방법원 2017.09.05 2016가합3863

약정금

Text

1. The Defendant’s KRW 269,00,000 to the Plaintiffs and 5% per annum from November 22, 2016 to September 5, 2017, respectively.

Reasons

1. Basic facts

A. On January 29, 2007, the Plaintiffs are the Plaintiff F Co., Ltd. (hereinafter “F”) practically operated by the Defendant upon the Defendant’s recommendation on January 29, 2007.

(C) The agreement between F and F to share the forest land of this case together with F (hereinafter “the agreement”) is the forest sale and purchase contract of this case.

(B) On January 30, 2007, G Co., Ltd. (hereinafter referred to as “G”) operated by the Defendant.

(2) On February 12, 2007, the Plaintiffs: (a) paid KRW 47 million to the Defendant; and (b) received a certificate of borrowing KRW 47 million from the Defendant, G and the Defendant’s name; (c) the Plaintiffs entered into an agreement on the instant forest purchase and sale contract with F on February 12, 2007; and (d) the said agreement was certified by a notary public as a law firm 00775 on the street, etc. in 2007.

B. The Plaintiffs, at the Defendant’s request, lent KRW 150 million on March 11, 2007, and KRW 50 million on August 7, 2008, to G’s account in the name of G (hereinafter “instant loan”). As regards KRW 100,000,000, the Defendant received respectively a loan certificate under G and the Defendant’s name, and the receipt for the said KRW 50,000,00 from the Defendant.

C. On November 25, 2010, the Plaintiffs decided to purchase the instant building, which is owned by G, at the Defendant’s recommendation, as KRW 460 million between G, as to November 25, 2010, the purchase price of the instant building, which is owned by G, is KRW 60 million, and the down payment of KRW 60 million is paid on the date of the contract, and the Plaintiffs are paid on the date of the contract, and the Korea Bank Co.,, Ltd., Ltd. (hereinafter “Korea Bank”).

(2) The Plaintiff’s collateral obligation, which is the right to collateral security, shall be accepted and deducted from the above sales amount, and the remainder of the intermediate payment and remainder shall be substituted for payment of KRW 47 million for the instant forest land purchase amount and KRW 150 million for the instant loan (hereinafter “the instant building sales contract”).