(영문) 부산지방법원 동부지원 2018.05.30 2016가합105038

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(영문) 부산지방법원 동부지원 2018.05.30 2016가합105038

대여금

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1. Defendant B’s KRW 430 million to the Plaintiff, as well as KRW 6% per annum from June 25, 2016 to May 30, 2018.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) is a stock company established on April 21, 201 for real estate sales agency business, etc., and Defendant B is a real manager of D.

B. From around 2011, the Plaintiff was operating a parking lot by leasing a part of the above real estate in the vicinity of Busan Shipping Daegu, but around 2013, Defendant C, through Defendant C, who was an employee of the lessor of the said parking lot, was aware that Defendant B was promoting the sales agency business for the “H” (hereinafter “instant building”), a main complex building to be constructed in Busan Shipping Daegu G G, and was solicited to make an investment from Defendant C.

C. On June 21, 2013, the Plaintiff entered into a partnership agreement with D and Defendant B, under which the Plaintiff would pay KRW 500 million to D investments, and D would pay 30% of the profits that D would have accrued from the sales agency business of the instant building to the Plaintiff (hereinafter “instant partnership agreement”). The Plaintiff paid Defendant B the amount of KRW 500 million of investments under the instant partnership agreement on the same day, and Defendant C guaranteed Defendant D and Defendant B’s debt owed to the Plaintiff in accordance with the instant partnership agreement.

The main contents of the instant partnership agreement are as follows.

D, Defendant B (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) shall enter into a contract for the same business as follows in promoting the sales agency and leasing business of the I Project (J) of the G G members of Busan Shipping Daegu.

Article 2(Agreement Conditions) A and B shall refer to the payment of 30% of the total proceeds accruing from the sale or lease of the project to B, and Eul shall refer to the payment of 30% of the total proceeds to B, and Eul shall provide 500 million won of the transfer amount to 30% of the shares.

In this contract, the amount of KRW 500 million is deposited in the head of the Tong and the validity of this contract takes effect at the same time.

This Agreement shall have effect unless otherwise agreed upon by both parties.

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