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(영문) 서울동부지방법원 2015.09.24 2014가합112246
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 600,000,000 and KRW 200,000 among them, from July 3, 2009 to 10.

Reasons

1. Facts of recognition;

A. Defendant C is the representative director who had been operating Defendant B Co., Ltd. (hereinafter “Defendant Company”), a real estate development and implementation company from August 1, 1999.

B. The Plaintiff, on July 2, 2009, remitted the amount of KRW 200 million to the account of the Defendant Company on July 2, 2009 (hereinafter “Defendant Company”) pursuant to the following: (a) the Plaintiff purchased commercial buildings in the E apartment complex, which will be newly constructed in the Seoan District D District Urban Development Zone, from the executor; and (b) the sales business is carried out; (c) the purchase fund would be sold within one year, and the purchase fund would be paid by adding the interest equivalent to the principal to the proceeds thereof; and (d) the Plaintiff, on July 2, 2009, remitted the amount of KRW 200 million to the account

B) However, the facts revealed, however, that the above zone was merely a stage of approval for the housing construction project plan, and it was unclear when the above zone was created, and whether the above commercial building could be actually constructed. Thus, the defendant company was in a situation where it was practically impossible for the defendant company to raise a considerable amount of profit from the sale of the above commercial building within one year, and the defendant C, the representative director of the defendant company, did not have the intent or ability to pay the principal and interest within the time limit agreed to the plaintiff. 2) The plaintiff can pay a considerable amount of profit if the defendant company purchased the "G commercial building" site in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul Metropolitan City Urban Development Project District and newly constructed and sold the commercial building, so it would be possible for the defendant company to purchase the commercial building site and to pay a considerable amount of 100 million won to the plaintiff company, including the remittance amount 200 million won from July 2, 2009, and at the defendant C's request, the plaintiff company of this case 3010.

(B) provide as security and obtain a loan of KRW 200 million in the name of J, a corporation, the representative director of which is Defendant C, and pays KRW 100,000,000 to the Defendant Company.

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