대여금
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 382,00,000 among the Plaintiff’s counterclaim and KRW 162,00,000 among them, the Defendant (Counterclaim Defendant)’s KRW 382,00,000 on April 2, 2014.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The instant parties (1) C Co., Ltd. (hereinafter “C”) are companies that run a joint housing construction project (hereinafter “instant project”) in D Yangyang-si, Namyang-si.
The Plaintiff is a person who has entered into an investment agreement with C in connection with the instant business.
(2) The E Co., Ltd. (hereinafter “E”) is a company that acquired the instant business authority from C.
F is an intra-company director of E.
The defendant is the person who actually operates E with F.
G is the spouse of the defendant.
B. Investment agreements, etc. with the Plaintiff and C
1. The purpose of this Arrangement is to stipulate all necessary matters concerning H, I, J, K, L, M, M, N, P, Q, R, T, and U. 14 square meters of forest land in total as 11,002 square meters (for investment projects) of land in total, 14 square meters of forest land in the Republic of Korea (Korean Government District Court V. 1,002 square meters of forest land in the Republic of Korea) in Namyangyang, the purpose of this Arrangement is to provide for all necessary matters concerning financing, financial right lending, investment profit payment, tax settlement, ownership return, etc.
Article 2 (Investment Amount, Method, and Time) (1) The Plaintiff shall participate in the auction procedure of the above real estate held by the District Court on July 30, 2012 and receive the scheduled successful bid price (1.3 billion won) in the Plaintiff’s name, and the remainder of the successful bid price shall be paid with a loan of KRW 900 million from the financial right.
② The Plaintiff shall invest KRW 600 million, excluding the loan amount of financial rights, among the expenses required for the bid, transfer of ownership, construction, etc. of the said real estate.
Article 3 (C's Obligations) (1) immediately after the plaintiff pays the remainder of the successful bid after obtaining a successful bid, C shall transfer all of the above real estate permission and building permission, bridge ownership, unregistered building ownership, etc. to the plaintiff's name, and deliver all related documents to the plaintiff.
② C shall have C immediately after the Plaintiff has completed the registration of ownership transfer.