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(영문) 창원지방법원 2018.09.20 2017가합54862

대여금

Text

1. The Defendant: (a) KRW 200,000,000 for the Plaintiff and 5% per annum from October 27, 2017 to September 20, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Defendant and C promoted a project to obtain the right to entrusted operation of the D Hotel around the end of 2016.

B. During the above process, the Defendant requested the Plaintiff to assist by requiring the funds, and the Plaintiff transferred KRW 200,000 to the Defendant on November 21, 2016.

In addition, the defendant transferred the above money to the account in the name of E Co., Ltd. (the company actually operated by C, which was established to conduct the above business; hereinafter referred to as “E”).

C. The Defendant requested the Plaintiff to assist with additional funds, and the Plaintiff received a loan from the Plaintiff’s father’s father’s name as collateral, and transferred KRW 260,000,000 from the Plaintiff’s father’s account to the account in the name of F Co., Ltd. (hereinafter “F”), on December 20, 2016.

On December 2, 2016, the Defendant and C’s efforts were failed to obtain the entrusted operation right of D hotel, and thereafter, on January 2, 2017, the Plaintiff concluded a contract with the Defendant and C to purchase the Plaintiff’s land at KRW 2,500,000,000 (hereinafter “instant sales contract”) with H as the title holder to purchase the Plaintiff’s land at KRW 2,50,000,000 (hereinafter “the instant down payment”) between the Plaintiff and H (hereinafter “H”) where the Plaintiff-friendly G with the Defendant and C as the representative director in order to undertake real estate development projects in the vicinity of the Changwon District Court.

After that, until March 30, 2017, the remainder payment deadline under the instant sales contract, the Plaintiff and F did not receive the down payment amounting to KRW 2,300,000,000, and the Plaintiff and F did not receive the down payment from H.

E. On April 28, 2017, the Plaintiff remitted KRW 18,000,00 to the Defendant.

F. The Plaintiff demanded the return of the money remitted to the Defendant, etc. from August 2017, and the Plaintiff and the Defendant.