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(영문) 수원지방법원 2018.06.21 2017가단34420

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 85,00,000 and the interest rate from June 24, 2017 to the day of full payment.

Reasons

1. The following facts are recognized if each entry of Gap evidence Nos. 1 to 8 added the purport of the whole pleadings:

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) intended to implement multi-household housing projects in the D in Sungsung City D.

B. On July 5, 2016, the Plaintiff agreed to make a joint agreement with the Defendant Company, and the Defendant C jointly and severally guaranteed the Defendant Company’s obligations under the said agreement, and on the same day, the Plaintiff paid KRW 100 million to the Defendant Company for the progress of its business.

C. According to the above joint project agreement, if the Defendant Company failed to properly perform various project implementation tasks, such as business site contracts and ownership transfer registration duties, the selection of construction companies, various loan duties, and permission for development activities, the Defendant C, a contractor, and the joint guarantor, agreed to jointly and severally return the project cost to the Plaintiff KRW 100 million.

After that, on February 7, 2017, the Plaintiff notified the Defendants of the fact that “I will start construction works until February 17, 2017 and proceed with the business, as prescribed by the joint project agreement, I will return KRW 100 million for the progress of the business.” On February 20, 2017, the Plaintiff urged the Defendants to resume the business even before February 20, 2017, and demanded the Defendants to immediately refund KRW 100 million for the progress of the business by notifying the termination of the joint project agreement.

E. Accordingly, the Defendants are close to the determination of the termination of the joint agreement, as they did not proceed properly to the Plaintiff on June 1, 2017, unlike “e.g., the business.”

Defendant Company intends to refund business progress expenses invested by the Plaintiff.

First, May 26, 17. 26. 15. 15 million won was repaid, and the remaining 85 million won was repaid until the end of June 2017.

“...........”

2. According to the above facts of recognition, the instant joint business agreement was subscribed for the termination of the agreement made on May 29, 2017 by the Plaintiff, and on June 1, 2017 by the Defendants.