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(영문) 의정부지방법원 2018.09.05 2017가합53187

대여금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B and Defendant C agreed to construct a five-story officetel building (hereinafter “instant building”) on the ground of 666 square meters of land owned by Defendant B, C and Nonparty E in the same business with Nonparty E, while investing KRW 700,000,000, and KRW 350,000,000 in each of the instant buildings, and Party B and Defendant C decided to own shares of KRW 1/2, and Defendant B and Defendant C agreed to own shares of KRW 1/4.

B. The Plaintiff and Nonparty E loaned KRW 22,00,000,000 as construction capital of the instant building on November 13, 2014, and KRW 100,000,00 on December 17, 2014, and KRW 240,00,000, in aggregate, to E as construction capital of the instant building. 2) The instant building was completed around January 20, 2015, and the Plaintiff additionally lent KRW 22,00,00,000 to E on February 23, 2015.

As to the Plaintiff’s existing loan KRW 240,000,000 and additional loan KRW 22,00,000,000, total amount of KRW 262,000,000, the agreement was concluded between the Plaintiff and E, Defendant B, and Defendant C (hereinafter referred to as “E, etc.”) on the same day as the following (hereinafter referred to as “instant agreement”).

In registering the preservation of F buildings in Gyeonggi-do, land owners E, architectural investors B, and C shall verify that ownership shares of land and buildings are 2:1 billion won and consult as follows:

C. Foods

1. E, as a debtor, will transfer ownership to Korea trust in receiving a loan of KRW 1.5 billion from the National Savings Bank.

2. Of the above amounts, B and C shall be paid 350 million won as part of the investment amount, and E shall be paid 80 million won as the land register loan.

3.E For the following amount unpaid from the above loan, E will be notarized at the rate of 2.5 per cent per month on the date of borrowing to A:

The borrowed amount of KRW 140,00,000, the borrowed amount of KRW 140,000,000, November 13, 2014, shall be the same as the borrowed amount of KRW 100,000.