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(영문) 서울중앙지방법원 2020.07.17 2018가합559987
대여금
Text

1. The Defendant’s KRW 206,952,00 for the Plaintiff and KRW 15% per annum from November 1, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On December 29, 201, the Plaintiff entered into a joint agreement with the Defendant on the construction of the E apartment (hereinafter “instant agreement”) in the land for the urban development project of the Si/Gun/Gu (hereinafter “instant project”) (hereinafter “instant agreement”).

The main contents are as follows:

Article 2 [Apportionment of Business Affairs] ① The Plaintiff shall delegate to the Defendant all the authority to implement the project, subject to the payment of the price for the land of 32,006§³ (14.5 billion won) and the construction design cost (7.3.4 million won).

② The Plaintiff shall lend to the Defendant within the limit of KRW 500 million, and gratuitously transfer 45% of the Plaintiff’s shares, and the Defendant shall assume office as the respective representative director of the Plaintiff.

Provided, That the loan shall be repaid immediately after the commencement of sale, and the loan shall be used in the name of the corporation for business progress.

③ The Defendant shall complete the selection of PF and the contractor by June 30, 2012 with respect to the implementation of the above apartment project. If the selection of PF and the contractor has not been completed during this period, the Defendant shall without delay return 45% of the business rights and the company shares to the Plaintiff, and the loan amounting to 500 million won shall be repaid immediately.

Article 3 [Distribution of Profits] The plaintiff and the defendant shall receive shares equivalent to 50% of the business earnings, respectively, and after the completion of the construction of the E Apartment, the company shares will be returned to the plaintiff immediately and cooperate to the plaintiff to the maximum extent possible for the smooth implementation of the project.

B. In accordance with the instant agreement, the Plaintiff loaned KRW 30,00,000 each of the loans to the Defendant on three occasions, including February 10, 2012, February 28, 2012, and April 25, 2012, on three occasions pursuant to the instant agreement (hereinafter “instant loan”) on June 30, 2012.

C. On December 28, 201, the Defendant: (a) as well as the Plaintiff and the Defendant, from the Plaintiff, succeed to the rights and obligations with respect to the sales contract of December 15, 201 between the Plaintiff and the Plaintiff on the land in the site of an urban development project in the Jeju-si District (hereinafter “instant land”); and (b) the Plaintiff’s right and obligations regarding the land in the site of an urban development project in the Jeju-si District.

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