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(영문) 서울중앙지방법원 2018.07.04 2017가합565275

약정금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 350,000,000 and the interest rate thereon from November 3, 2017 to the date of full payment.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of housing construction and supply business, etc., and Defendant B is the one who is the president of Defendant C.

B. On May 21, 2013, Defendant Company obtained a construction permit for the construction of “E apartment” (hereinafter “instant apartment”) which is a multi-family housing of 375 households on the ground of the land outside Ansan-si, Andong-si, and promoted the construction project of the said apartment.

C. Since around 2010, the Plaintiff transferred funds to be used in implementing the instant multi-family housing construction project from the bank account in the name of the Plaintiff or the bank account in the name of the F Co., Ltd. (hereinafter “F”) to the bank account of the Defendant Company, Defendant B, G, H, I, I, and J (hereinafter collectively “the Defendant Company, etc.”).

On November 26, 2013, the Plaintiff was registered in the register of shareholders as shareholders who own 22,500 shares of Defendant Company equivalent to 45% of 50,000 shares of Defendant Company.

On July 28, 2014, the Plaintiff and the Defendants confirmed their financial payment relationship between each other, and prepared a performance memorandum (hereinafter “instant performance memorandum”) in order to conclude a plan to perform the duty of return of the amount loaned from the Plaintiff to the Plaintiff.

The main contents of the instant performance memorandum are as follows.

1. A (the term "Defendant Company B"; hereinafter the same shall apply) and C (the term "Defendant B"; hereinafter the same shall apply) verify that B (the term "the plaintiff 2; hereinafter the same shall apply) borrowed money from B in relation to the apartment house construction project conducted by Gyeong, H, G, H, H, I, and J in relation to the money deposited in the account of G, H, C (A), I, and C (A), and C's account from "B's account" or "F corporation's account operated by B (the plaintiff 2; hereinafter the same shall apply) and all other (cash loans and interest). The liability for this money is jointly with C, G, H, I, and J.