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(영문) 울산지방법원 2018.06.19 2017가단63490
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion and the Defendant, the husband C, D, and D husband E jointly invested and carried out the project F business in Ulsan-gu, North Korea (hereinafter “instant project”). In this regard, in relation to the construction of golf courses and parking lots, the following money is sought in relation to the instant project:

① In order to use the instant land as a site for the instant project, the Defendant purchased 1/2 shares owned by H (hereinafter “instant land”) out of the amount of KRW 68 million. The nominal owner of the instant land entered into a sales contract as his/her agent. The nominal owner of the instant land concluded a sales contract with H or the Plaintiff. The purchase price was paid to the Plaintiff, and damages for delay calculated at the interest rate of KRW 12 million from May 23, 2012, which was 12% of the outstanding amount of the purchase price, and damages for delay calculated at the rate of KRW 12% a year from May 23, 2012, which was 614 and 34 million, which was part of the outstanding payment date agreed by the Defendant, from June 13, 2014, which was 13, 2014, from May 23, 2012, to May 22, 2014, the Plaintiff calculated the interest rate of KRW 97,700,7000.

2. Determination

A. ① The issues related to the above are whether the Defendant paid all the purchase price of the instant land to the Plaintiff.

In other words, H or the actual owner of the instant land was the Plaintiff, I, J (it is recognized as not a dispute because the Defendant does not clearly dispute), the Defendant et al. was the buyer, and the sales contract was concluded on April 17, 2012 with H as the buyer on the instant land by designating H as the seller.

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