대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On November 11, 2004, the Plaintiff Company D and Defendant B, whose representative director is the Plaintiff, sold 1/2 shares of each of the 1/2 shares in Seongdong-gu Seoul Metropolitan Government E Apartment-dong No. 113, 114, 115, and 116 (hereinafter collectively referred to as “G commercial buildings”), and completed the registration of ownership transfer.
On June 7, 2005, Defendant D and Defendant B completed the registration of ownership transfer for the above G commercial building on May 3, 2005 to Defendant C, the husband of Defendant B, respectively.
On the other hand, on July 5, 2005, the Plaintiff had a written confirmation of agreed amount (Evidence A 3) as follows, written in the name of Defendant B on July 5, 2005.
The agreed amount: 75 million won is the amount that B shall pay dividends set out in G and Daegu cases through mutual consultation. On July 5, 2005, the Plaintiff’s wife B and Defendant B completed the registration of ownership transfer on May 4, 2006 at the auction procedure for the Manan branch of the Gwangju District Court (hereinafter “Newan-gun”) and the J, K, L, M, and N (hereinafter “Uan-gun land”) of the Haan-gunan-gunan-gunan-gun District Court and the J, K, L, M, and other land (hereinafter “Nan-gun land”), both of which were sold on May 4, 2006 and paid in full, and on August 31, 206, the land of the Newan-gun-gun District is the land of the Republic of Korea, and on September 1, 2006, the land of the non-Uan-gun-gun District is each 1/2 equity interest.
On April 11, 2007, the Plaintiff, on behalf of H, sold to Defendant B 1/2 share of H 1/2 of the purchase price of the land and the land of the military base in the amount of KRW 14.2 million, and entered into a special agreement with the following contents:
In the event that the seller does not cancel the provisional attachment on July 18, 2007 by the time when the seller agreed to cancel the provisional attachment of the creditor'sO in Sung-nam Branch of the Suwon District Court 2006Kadan6407, which was provisionally attached to the H shares of this case, by July 18, 2007, the seller would pay the buyer KRW 5 million of provisional attachment.
However, around January 24, 2008, the Plaintiff, at this court around July 5, 2005, made the Defendant B a claim claim amounting to KRW 75 million of the agreed amount confirmation (Evidence A No. 3).