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(영문) 서울남부지방법원 2020.09.08 2019가합109040
대여금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 60,000,00 and 24% per annum from January 1, 2016 to the date of full payment.

Reasons

The reasons for the claim against Defendant B are as shown in attached Form 2 of the claim indication against Defendant B.

As shown in the attached Form 2 of Article 208(3)2 and Article 150(3) of the Civil Procedure Act, the indication of the claim against Defendant C shall be as stated in the judgment for deeming confession.

The premise of the claim against Defendant D under Articles 208(3)2 and 150(3) of the Civil Procedure Act of the Confession Judgment, on December 2015, the Plaintiff entered into a joint business agreement (hereinafter “instant agreement”) with Defendant B, which provides that KRW 60,000,000 of the investment amount shall be paid to Defendant B with respect to the business of acquiring and selling the buildings, H, and I real estate in violation of Articles 208(3)2 and 150(3) of the Civil Procedure Act (hereinafter “instant agreement”). At the same time, the Plaintiff entered into a joint business agreement (hereinafter “instant agreement”).

On February 4, 2016, Defendant B acquired the first priority right of the L Union and M Union according to the security trust agreement concluded between the truster J and the trustee K corporation and the truster corporation on June 26, 2013.

On June 30, 2016, Defendant B sold the above priority interest in KRW 1,460,00,000 to Defendant D (Co., Ltd. prior to the change). However, Defendant B concluded a sales contract with the effect that the said priority interest should be replaced by the acquisition of loans of KRW 1,40,000,000 against the O Co., Ltd., a pledgee on June 30, 2016 (hereinafter “instant sales contract”). The down payment of KRW 60,000,000 is paid on June 30, 2016.

Around August 26, 2016, Defendant B entered into a contract for the transfer of the right to preferential benefit (beneficiary certificates) against Defendant B’s second real estate (beneficiary certificates) acquired by Defendant B to Defendant D in the form of ex-post settlement, and the transfer price shall be KRW 1,600,000,000, and the intermediate payment shall be KRW 100,000,000,000, and the intermediate payment shall be paid on the date of the contract, and the intermediate payment shall be paid at the same time when the contract for the lower priority (beneficiary certificates) is concluded, and the remainder shall be the dividend on the date of distribution

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