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(영문) 광주고등법원 2018.11.21 2018나21257

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The relevant Plaintiff is a company that carries out construction business, etc., and the Defendant is a company that carries out real estate development and implementation business, etc., and the Rose Trust is a company that carries out construction business to carry out real estate trust and land trust, real estate development business, etc.

C A around February 17, 2014, the joint representative director of the Defendant, and around 17, 2014, the amount of 1,380.5 square meters of the land for B religion (hereinafter “instant land”) was invested in kind in the Defendant.

B. On August 13, 2014, the Plaintiff remitted KRW 144,000,000 to the account in the name of the trust for Rose of Sharon, and KRW 400,00,000 to the agricultural bank account in the name of C on September 3, 2014, respectively.

(hereinafter referred to as the “instant money”) the Plaintiff remitted money.

On September 29, 2014, the Plaintiff, the Defendant, and the Rose of Sharon, concluded a land trust agreement (hereinafter “instant trust agreement”) with the content that the Defendant trust the instant land to the Rose of Sharon trust (hereinafter “instant trust agreement”) in order to carry out the business of newly constructing and selling urban-type residential housing and neighborhood living facilities on the ground of the instant land (hereinafter “instant business”).

(1) On September 29, 2014, the Plaintiff entered into a construction contract with the Defendant on the ground of the instant land with the content that the Defendant would contract the Plaintiff to the Plaintiff with the construction cost of KRW 8,469,900,000 (including value-added tax, and the standard of KRW 4,070,000 per square year) (hereinafter “instant construction contract”).

(2) On November 6, 2014, the Plaintiff entered into a contract for construction works, with the purport of a construction project that newly constructs urban-type housing on the instant land, with the Plaintiff as a contract price of KRW 8,469,90,000 (including value-added tax, the standard of KRW 4,070,000 per square), and entered into a contract for construction works with the Plaintiff (hereinafter “instant contract for construction works”).