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(영문) 서울동부지방법원 2016.12.15 2015가합2421

손해배상금

Text

1. Defendants C and D shall jointly and severally pay to the Plaintiff KRW 136,00,000 and the interest rate from April 5, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B and Defendant F are married, and Defendant D and E are the same parents of Defendant C.

B. After having agreed to establish and operate a welfare corporation on August 5, 201, the Plaintiff, Defendants B, C, and G were going through the process of establishing H (Representative Director G, in-house director E, F, Plaintiff, and Defendant D) that will be the parent company of a welfare corporation. As additional funds are needed to proceed with the procedure, the Plaintiff, Defendant B, and C, etc. sold the land located in Young-si owned by the Plaintiff and used the proceeds from the sale as preparatory funds to establish a welfare corporation.

C. On October 201, the Plaintiff and Defendant D entered into a sales contract (hereinafter “each of the of the of the of the instant lands”) with respect to the 367 square meters in the wife population I, J-type land, 327 square meters in the J-type land, 546 square meters in the G-type land, 377 square meters in the L-type land, 165 square meters in the M-type land, 145 square meters in the N-type land, 246 square meters in the P-type land, 116 square meters in the P-type land, 116 square meters in the Q-type land, 73 square meters in the Q-type land, 744 square meters in the Q-type land, 762 square meters in the R-type land, 1,362 square meters in the land, and 604 square meters in the U-type land (hereinafter “each of the instant lands”).

On December 23, 2011, the registration of transfer of ownership in the name of Defendant D was completed on the grounds of the instant sales contract with respect to each of the instant land.

E. Around December 23, 2011, Defendant D established the right to collateral security (the maximum debt amount of KRW 637 million) on each of the instant land as collateral, and subsequently loaned KRW 490 million from Hanam Agricultural Cooperative (hereinafter “Hanam Agricultural Cooperative”), out of which KRW 300 million was paid to the Plaintiff, and disbursed the remainder of KRW 190 million as the survey design cost, loan interest payment, etc.

F. After that, there was a dispute between the Plaintiff and Defendant C, etc. regarding the payment of the instant purchase price, and V delegated by the Plaintiff and the Defendant C delegated by Defendant D, on July 13, 2015, drafted the following agreements (hereinafter “instant agreement”).

Defendant D borrowed to the Plaintiff on 190 million won.