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(영문) 청주지방법원 2017.02.09 2016가합21251

대여금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant E entered into a contract with the Plaintiffs regarding the real estate stated in the separate sheet (hereinafter “instant real estate”) as follows (hereinafter “instant contract”).

Four joint investment agreements on the instant real property

1. The title of the instant real estate is Defendant E and Defendant D.

(Provided, That if the joint name of a non-resident is available, three persons including plaintiff A)

2. Defendant E-3, Plaintiff A, Plaintiff B, and Plaintiff C hold 1/3 shares in total payments of USD 1.6 million ($$1.6 million).

4. The Plaintiffs’ payment method (20 million won) 1) the payment of down payment of KRW 40 million is completed (20 million for Plaintiffs A20 million, Plaintiff B, Plaintiff C, each of the Plaintiff C), 2) the transfer through the U.S. (100 million for the transfer (10 million after November 10), through the establishment of the Defendant E company (80 million won) during October 10, the transfer through the U.S. (40 million after November 10), and the transfer through the establishment of the company (80 million won) 5) the cash payment (20 million won for Canada travel (20 million won).

5. Excess KRW 127.5 million (i.e., KRW 340 million - KRW 212.5 million - KRW 2500 million ): Interest on the principal of the parent-base (a contract for KRW 27.5 million on the remaining 27.5 million - 1,430 million - 20,747,150 won = 20,747,150 co-owned expenses for the plaintiff and two others, other than the plaintiff, for six months: the principal of the parent-base = 14.3 million = 7,547,150 million - 27.5 million - 1,430 million - 1,437,150 = 20,747,150 co-owned expenses for the plaintiff and two others, respectively;

6. All the costs arising in connection with the purchase of the instant real property shall be paid in accordance with their respective shares.

(Provided, That the expenses for the incorporation of the Company shall be paid by 25 per cent each by four persons)

B. At the time of the instant contract, the Plaintiffs were issued by Defendant E a written agreement (hereinafter “instant agreement”) containing the following details.

Agreements

3. The time and price when the sale was made between the period of September 2009 (the completion of New Year 10 and October 2009) and September 201 (after April 201) shall be delegated to the Defendants’ side, and the subsequent sale shall be sold if either of the Parties wishes.

At this time, the plaintiffs' side shall be decided by the majority.

(c).