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(영문) 광주지방법원 2015.05.27 2014가단33463
대여금
Text

1. Defendants C, D, and E are jointly and severally liable to the Plaintiff for KRW 23,00,000,00 and the same shall be from October 4, 2013 to July 11, 2014.

Reasons

1. Basic facts

A. Defendant D and F agreed to purchase the instant real estate from Defendant E, the purchase of the G and H land for factory and buildings on the ground thereof (hereinafter “instant real estate”). On September 23, 2013, Defendant B, a licensed real estate agent, purchased the instant real estate from I for KRW 30 million (hereinafter “instant sales contract”), and the first down payment of KRW 10 million,00,000,000,000 on the date of the contract, and the second down payment of KRW 20,000,000,000,000,000 on October 4, 2013.

B. Defendant D and F failed to pay the down payment at the time of the instant sales contract, and upon introduction by Defendant E, borrowed KRW 16 million from Defendant C on the day of the instant sales contract. Of these, KRW 10 million was the first down payment of the instant sales contract, and the remainder KRW 6 million was paid as the intermediary commission for Defendant B.

C. On October 4, 2013, the Plaintiff prepared a written confirmation with the Defendants (hereinafter the instant written confirmation) as follows, and paid KRW 23 million to the Defendant B on the same day.

[Certificate] In borrowing KRW 24 million from the date of October 4, 2013, the amount of KRW 24 million should be paid by establishing a security by October 8, 2013 on the land of the Seoyang-gun in order to pay KRW 24 million.

Provided, That if the J contract becomes known, 24 million won shall not be paid.

CO DP E on October 4, 2013, which is the confirmation of the Category 105/L M N Licensed Real Estate Agents, B North-gu K store 105/L M Ha on October 4, 2013

D. Defendant B remitted KRW 20 million out of KRW 23 million received from the Plaintiff to I as the second down payment under the instant sales contract, and the remainder KRW 3 million was appropriated as the brokerage commission.

E. After the preparation of the instant confirmation, the name of the purchaser of the instant sales contract was changed from Defendant D and F to Defendant C.

F. The 505 square meters in Jeonyang-gun, Jeonyang-gun was originally owned by Defendant D. However, the registration of ownership transfer was completed on June 28, 2013, the registration of ownership transfer in the name of Jinyang-gun, Jeonyang-gun, but the registration of ownership transfer was completed on February 27, 2014, and the Plaintiff as to this.

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