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(영문) 서울동부지방법원 2020.12.11 2019가단20130
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 102,60,000 among the Plaintiff and KRW 100,000,000 from November 2, 2019 to the day of full payment.

Reasons

1. Basic facts

A. A. On April 22, 2015, the Defendant: (a) determined the D head office of the building located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”) as KRW 400 million from the Plaintiff and operated the main office (hereinafter “nine-story main office”); (b) around July 2019, the Defendant agreed to transfer the entire facilities of the eight-story main office to G and pay KRW 100 million in return for the acquisition of the facilities, between G and G operating the main office (hereinafter “F”) with the trade name of “F” on the eight-story main office (hereinafter “eight-story main office”); and (c) transferred the entire facilities of the nine-story main office that the Defendant operated to G and receive KRW 300 million in return for the acquisition of the facilities from G.

C. Accordingly, on July 31, 2019, the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff, setting a deposit of KRW 100,000,000 for the eight-story of the instant building from the Plaintiff, and KRW 277.93 square meters for the monthly rent of KRW 5 million.

On July 31, 2019, the Plaintiff agreed that the principal shall be paid in cases where the Plaintiff and the Defendant agreed to lend KRW 100 million, the amount equivalent to the deposit money for the lease of the 8th floor of the instant building, and KRW 200 million, the sum of KRW 100,000,000,000,000,000,000 won, which is the amount equivalent to the acquisition price for the facilities at the 8th floor of the instant building, to G, and the interest shall be paid in arrears for two months.

(hereinafter “instant loan”). (e) The instant loan

The Plaintiff offsets KRW 100 million out of the loan 200 million to the Defendant, which the Defendant shall pay to the Plaintiff, against the lease deposit KRW 100 million, and the remaining KRW 100 million, the Plaintiff paid KRW 100 million for the acquisition price of the facilities on the eight-story main points that the Defendant shall pay to G directly to G.

Meanwhile, the Plaintiff agreed to offset the above KRW 100 million that the Plaintiff should pay to G against the claim 100 million against G.

(f).

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