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(영문) 의정부지방법원 2014.02.07 2012가합71289

대여금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 701,730,668 and its amount from February 2, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On June 30, 2010, the Defendant Union concluded a sales contract with the Korea Land and Housing Corporation and the Namyang-si, and KRW 551.4 square meters (hereinafter “instant land”) with respect to KRW 2,163,662,00 (the first down payment of KRW 108,183,100 on June 30, 201, and the second down payment of KRW 108,183,100 on September 30, 2010; KRW 432,732,40 on December 30, 2010; KRW 432,732,40 on December 30, 201; KRW 432,732,400 on March 30, 201; and KRW 1081,081 on June 30, 201; and KRW 20630 on June 30, 2016 (hereinafter “the instant contract”).

B. The Defendant Mutual Aid Association established the Defendant Company for the purpose of carrying out the business of constructing and selling officetels on the instant land (hereinafter “instant business”). On June 201, the Plaintiff became aware of the lack of funds to carry out the instant business, and the Plaintiff became aware of the fact that there was a construction company or financial company seeking assistance without paying any first and second intermediate payments pursuant to the instant sales contract.

C. Around June 201, the Plaintiff and the Defendant Company prepared an amount of KRW 300,000,000,000 for each of the initial costs of the instant project, and used it for the initial cost of the instant project. The Plaintiff agreed to enter into a construction contract by increasing the construction cost per square meter with compensation for lending KRW 300,000,000 to the Defendant Company. On June 16, 2011, the Plaintiff and the Defendant Company entered into a contract for the construction work of the building to be newly constructed on the instant land as follows with the guarantor as Defendant B and entered into a contract for the construction work of the building to be newly constructed on the instant land, without stating the specific construction period, and

1. Construction name: Construction of a new H officetel in Namyang-si;

3. Period: 15 months from the date of commencement (excluding the winter period).

4. The contract amount: (a) if the initial project costs to be borne by the Defendant Company are to be borrowed to the Plaintiff by the terms of the contract amounting to KRW 4,750,900,000, are to be borne by the Defendant Company, the following shall apply: