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(영문) 의정부지방법원고양지원 2020.10.16 2018가합1261

손해배상(기)

Text

1. The Defendants: (a) KRW 313,087,039 for each Plaintiff; and (b) 6% per annum from October 30, 2018 to October 16, 2020 for each Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff: (a) on May 20, 2014 to August 22, 2014, extended five times to Defendant B’s account for the business that Defendant B newly constructed two religious facilities on the ground of Yongsan-gu, Seoyang-si; (b) lent money to Defendant B, such as granting cashier’s checks of KRW 100,000,000 at par value on August 1, 2014; and (c) Defendant B newly constructed two buildings around that time and completed registration of ownership on August 27, 2015.

(hereinafter referred to as “each building of this case”). B.

On August 1, 2014, Defendant C issued, on behalf of the Plaintiff, promissory notes, the face value of which is KRW 1,400,000,000, and the due date of which is November 30, 2014. On the same day, the Plaintiff and the said promissory notes were written by a notary public No. 283 of the E-document No. 2014 (Evidence No. 1; hereinafter “instant No. 1”).

C. On August 5, 2014, the Plaintiff transferred to F a claim for the remainder of the purchase price of KRW 200,000,000 for H land and buildings at the Namyang city with respect to G. On August 18, 2014, the Plaintiff completed the registration of collateral security regarding the right to collateral security of KRW 250,000 with respect to the said land and buildings in the F future due to the assignment of the said claim on August 18, 2014.

Defendant B repaid the Plaintiff KRW 280,00,000,000 on July 29, 2015, and KRW 150,000,00 on April 20, 2016, and KRW 70,000,00 on May 20, 2016, and KRW 30,000,000 on June 20, 2016.

E. As to each of the instant buildings, on June 24, 2016, the transfer registration for ownership was completed on the ground of donation on June 8, 2016.

F. On November 7, 2016, the Plaintiff stated the agreement (Evidence A2) drafted at the time of the said loan from Defendant B as “investment money,” but there is no particular dispute between the parties as to the fact that the money paid by the Plaintiff is a loan.

I. 'I.D.' operated by Defendant B in each of the buildings of this case for six months as security against B.