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(영문) 부산지방법원 2019.04.30 2017가단10134

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) was the starting work of Busan, Suwon-gu and 38 lots of land G (hereinafter “G”) implemented by E Co., Ltd. (hereinafter “E”).

B. D and E commenced the new construction of G around June 2007 and commenced sale in lots, and only some of the 299 households were sold in lots, and the sale rate was low due to the lapse of two months.

Accordingly, D entered into a contract for sale in the name of its executives and employees to raise funds by receiving intermediate payment loans from financial institutions, and accordingly, D's officers and employees entered into a contract for sale in the form of E.

At the time of such sales contract, the down payment under this sales contract was paid with the amount withdrawn from the account in the name of E.

C. On September 13, 2007, the Defendant, who was an employee of D’s development project headquarters, concluded a sales contract with the selling price of KRW 729,100,000 with respect to E and G apartment H (hereinafter “instant apartment”). D.

D and E, around November 201, changed the name of the I.D. (hereinafter “A.”) into “B.” on February 11, 201, and entered into an agreement with the buyer’s intermediate payment loan with the buyer on July 11, 2018, and the Plaintiff agreed to pay the Plaintiff jointly with the buyer when the buyer delays the repayment of the loan.

(hereinafter referred to as the “instant loan agreement”). (e)

On November 29, 2011, the Plaintiff entered into a loan transaction agreement with the Defendant on November 29, 201, stipulating that an intermediate payment of KRW 72,910,000, out of the sales price of the instant apartment, shall be KRW 72,910,00 as of the expiration date of the loan, 7% per annum of the agreement, and 22% per annum of the delayed interest rate (hereinafter “instant loan agreement”).

F. Under the instant loan agreement, the Plaintiff’s claim for loans against the Defendant on January 2, 2017