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(영문) 서울중앙지방법원 2016.11.09 2015가합19891
부당이득금반환
Text

1. The designated limited liability company B shall pay to the Plaintiff KRW 218,99,974 as well as 5% per annum from May 9, 2011 to September 3, 2015.

Reasons

1. Basic facts

A. On October 6, 2005, the Plaintiff prepared the following MOU (hereinafter “instant MOU”) between the Defendant Company and the Defendant Company, and the Defendant guaranteed the Defendant Company’s obligations.

The location of indication of real estate in the memorandum of Understanding: C-Hung Yi-Vietna area: 22,579 square meters: The purpose of this Understanding is to purchase the above real estate in the name of the Defendant Company until the Plaintiff satisfies the necessary requirements for local purchase of the above real estate in the purchase of the above real estate.

Article 2 (Procedures for Real Estate Purchase) (3) When the above real estate is purchased in the name of the defendant company on behalf of the plaintiff, the plaintiff shall pay the 219,000,000 (USD 207,727) of the 40% of the purchase fund to the defendant company in the form of a loan pursuant to a separate agreement, and the amount equivalent to 60% of the purchase amount (USD 327,000,000 (USD 311,590) shall be purchased with a real estate mortgage loan in the name of the defendant company on behalf of the plaintiff, and the above interest shall be paid by the defendant company on behalf of the plaintiff, and then settled by calculating the amount of the plaintiff's dividends or interest.

④ When the Plaintiff’s above real estate purchase satisfies all the qualification requirements in Korea and Vietnam, the Defendant Company shall transfer real estate purchased in the name of the Defendant Company to the Plaintiff (including local bank-related mortgage loans at the time of the purchase of real estate).

Article 3 (Conclusion of Separate Contracts) (1) The plaintiff and the defendant companies shall conclude a written agreement for a loan for consumption.

② When the Defendant Company transfers real estate to the Plaintiff, it shall offset the agreement on a monetary loan for consumption under Article 3 (1).

B. On October 10, 2005, the Plaintiff transferred USD 209,369 to the Defendant Company (218,99,974 won when converted into Korean won at that time) in accordance with the instant memorandum of Understanding, and the Defendant Company acquired the right to use land of USD 29,191, Vietnam, and C located on May 9, 201.

C. The plaintiff and the defendant company are about October 2005.

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