beta
(영문) 수원지방법원안양지원 2019.04.04 2017가합102773

대여금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

(b) the facts of the basis;

A. Since 2005, the Defendant operated a household manufacturer with the trade name “D”, and the Plaintiff A worked as an employee of the above company since 2007 and operated an independent household distributor from December 2009 with the trade name “E”.

Plaintiff

A and the defendant have been engaged in their respective businesses while maintaining their mutual cooperation relationship.

B. On June 1, 2010, the Plaintiff B and the Defendant drafted a loan certificate with the following content (hereinafter “instant loan certificate”).

The interest of KRW 200 million and principal shall be paid in accordance with the agreement attached to the attached Form * The defendant of the agreement on the ownership of land division in the attached Form 1 shall prepare a written agreement for the purpose of owning the land of KRW 90,00,000 among the land indicated in the list

Plaintiff

B It agrees that the defendant has the same right as the defendant by paying the land price of 990 square meters out of the defendant's land, including all the expenses up to obtaining permission for the construction (other than a factory) of land.

Provided, That all property taxes and other taxes imposed on land shall be borne by the ratio of land ownership.

* The Gyeonggi-do Down-do Down-gun in Gyeonggi-do, Gyeong-gun, Gyeonggi-do, L of Gyeonggi-do, Jyeong-do, Dyeong-gun, Gyeonggi-do, L of Gyeonggi-do, Gyeong-gun, Gyeong-gun, Gyeonggi-do, L of land.

C. On July 2, 2010, the Defendant completed the registration of transfer of ownership on the ground of sale on June 2, 2010 with respect to the land of 863 square meters, 615 square meters prior to K, 407 square meters prior to G, 2084 square meters prior to J, L 1498 square meters, H 721 square meters, and 2149 square meters prior to I.D.

Plaintiff

A A entered into a contract with the Defendant on May 4, 2012 to purchase in KRW 270,000,000 for the volume of 407 square meters, 693 square meters prior to J, and 130 square meters prior to M with the Defendant, and completed the registration of ownership transfer in its name on May 4, 2012.

On April 13, 2012, the previous J 2084 square meters was divided into 693 square meters prior to J, M 130 square meters prior to M, and 1261 square meters prior to N.

G The area of 407 square meters prior to G was changed to 432 square meters on June 25, 2012, and the area was changed to 693 square meters prior to J on December 10, 2012.