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(영문) 울산지방법원 2016.03.25 2015가단14272
대여금
Text

1. The Defendants: (a) each of the Plaintiff KRW 200,000,000; and (b) Defendant B from April 25, 2015; and (c) Defendant C from June 2015.

Reasons

1. Facts of recognition;

A. On April 3, 2007, the Plaintiff, upon the introduction of the Defendants operating the “D Real Estate Brokerage Office”, lent KRW 200 million to the development of solar industry (hereinafter “Tai Industrial Development”) that was promoting the redevelopment project of real estate E located in Ulsan-gu, Ulsan-gu.

B. In order to secure the above loan debt, the development of Taeyang Industries set up a provisional registration of the right to claim ownership transfer registration in the above redevelopment project site and set up a provisional registration according to the relation where the purchase of the project site at the time of borrowing was not yet made within 20 days as the project site was purchased.

C. In lieu of the development of the solar industry, the Defendants received the above KRW 200 million from the Plaintiff, and prepared a written confirmation as follows (hereinafter “instant confirmation”) to the Plaintiff.

In accepting KRW 200 million, it is promised to make a provisional registration at the time of transfer of ownership after 20 days because the current input of funds to redevelopment project E site is the down payment.

Provided, That in order to preserve the amount not later than 20 days, it shall be responsible for the development of solar industries and the D Real Estate Brokerage Office, and shall accept a certified copy and a cash of 200 million won and issue a written confirmation.

I undertake to attach the originals issued in the development of Thai Industries and the certificates of seal impression of the corporation.

After that, from the development of the solar industry, the Defendants borrowed KRW 200 million from the Plaintiff on April 3, 2007 with the due date set on October 3, 2007, and issued to the Plaintiff with a loan certificate stating that “The development of solar industry is 200 million won from the Plaintiff on April 3, 2007. The Defendants promised to accept the registration of the right to claim ownership transfer registration of the project site within 20 days.”

However, unlike the initial agreement, Taeyang Industrial Development did not set the Plaintiff the provisional registration of the right to claim ownership transfer regarding the project site, and did not pay the above loan amount of KRW 200 million.

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