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(영문) 의정부지방법원 2016.06.28 2014가합5835
분양대금반환
Text

1. The defendant shall pay to the plaintiff KRW 203,630,136 as well as KRW 150,000 among them, from June 5, 2013 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of civil engineering works and real estate development business.

B. Around early 2012, the Defendant obtained a building permit, etc. to construct a pent in two or three parcels, which is the Defendant’s ownership, but the said pented construction was insufficient to implement the said pented construction.

D, the majority shareholder and representative of the defendant at that time, requested that the plaintiff lend money to the plaintiff through E, the plaintiff's fraudulent act, around February 2012.

C. On March 27, 2012, the Plaintiff decided that D’s representative D pay due amount of KRW 150 million on June 27, 2012, and the interest at a rate of 5% per month (hereinafter “instant loan”). On the same day, the Plaintiff deposited KRW 150 million with D’s personal account.

In order to secure the above loan claims on the same day, the Plaintiff was drafted with a written partial payment agreement on the 201st 2nd 2nd 2nd 201 (the purchase price of KRW 192 million) among the pents newly constructed by the Defendant. D.

After that, the financial situation of the defendant became difficult due to the defendant's lack of sale of the newly built pension, and the Corporation was suspended on November 2012.

E. On June 5, 2013, while demanding the Defendant to repay the loan on behalf of the Plaintiff, E borrows the debtor, the debtor, the joint guarantor D, and the creditor as E, with “270 million won (the principal plus the interest of 50 million won per month)” and shall be repaid by adding the interest of 2.5% per month until July 19, 2013.

“A certificate of loan was drawn up. (f) The Defendant and D did not repay the loan by July 19, 2013, and E demanded D to add a joint and several surety, and D, on July 23, 2013, made D a debtor D, a joint and several surety F and G, to pay the amount of KRW 270 million up to October 31, 2013: Provided, That the certificate of loan was drawn up and issued to E that “the amount of interest of KRW 2.8% each month from July 23, 2013 shall be paid.”

[Ground of recognition] A.

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