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(영문) 창원지방법원 2013.11.28 2012가합3166
대여금등
Text

1. The defendant,

A. As to KRW 100,802,029 and KRW 33,150,015 among them, Plaintiff A shall be fully repaid from May 18, 2012.

Reasons

1. Basic facts

A. Plaintiff A is the representative director of Plaintiff D (hereinafter “D”) and Plaintiff B is the auditor of the said intermediary corporation, and the Defendant is a company with the purpose of building and new construction and sale of housing.

B. The Defendant, as an executor, entered into a sales agency contract between the Defendant and D, constructed and sold the instant commercial building in which the name was changed to “G”, and the name was changed to “G” after completion. The Defendant entered into a sales agency contract with the said D on March 21, 201 with respect to the instant commercial building.

C. Plaintiff A’s lending of money to the Defendant, etc. 1) The Plaintiff lent to the Defendant a total of KRW 16 million on February 22, 2009, and KRW 6 million on February 23, 2009, and the loan certificate is written as “interest on February 5, 2009” (the loan certificate is written as January 23, 2009). The loan certificate is written as “interest on January 23, 2009.”

(2) On April 12, 2011, Plaintiff A lent to the Defendant a total of KRW 43 million and KRW 61 million.0 million, each of the loan certificates stated as follows: “The interest rate shall be four copies per month.”

3) The Defendant repaid Plaintiff A a total of KRW 77 million on February 10, 2012, and KRW 61 million on May 17, 2012. D. The Plaintiff entered into each sales contract with the Defendant on October 7, 2010 with respect to the instant shopping mall No. 124, and on January 4, 2011, with each of the instant shopping mall No. 131.

2) On January 4, 2011, Plaintiff B entered into a sales contract with the Defendant for the instant commercial building 155. 3) The Plaintiffs agreed on each of the separate special agreements at that time (hereinafter “instant special agreement”) while entering into each of the instant sales contract with the Defendant, and the main contents thereof are as follows.

3. When the above contractor (the plaintiff c. the same shall apply hereinafter) demands the recovery of the amount already paid, the Implementing Company (the defendant hereinafter the same shall apply) shall pay the full amount (the contract amount and the intermediate payment) paid by the date of the balance payment.

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