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(영문) 서울남부지방법원 2018.08.31 2018가합101872
대여금
Text

1. The defendant shall pay to the plaintiff KRW 389,619,989 and among them KRW 199,789,040 from March 1, 2013 to the day of full payment.

Reasons

1. Basic facts

A. On February 28, 2008, the Plaintiff and the Defendant concluded a contract with the following terms (hereinafter “instant contract”).

The creditor A (Plaintiff) of Article 1 of the Money Loan Agreement (Lease) shall lend the total amount of KRW 130 million on February 29, 2008, KRW 70 million on March 7, 2008, and KRW 200 million in the account of C (hereinafter referred to as “C”) designated by the debtor B (Defendant) and borrow the loan.

§ 2 (Repayment Date) The due date for the borrowed money shall be as follows:

On March 28, 2008, the repayment method of the principal repayment date and the repayment method of the principal repayment shall be calculated as KRW 200,000,000,000,000,000 for interest on the temporary loan of Article 3 (interest) of the passbook A., and shall be deposited in the passbook A on May 29, 2008.

Article 8 (Late Interest) Where the principal and interest are not paid to A, the overdue interest shall be calculated as 0.35% per day for welfare.

Article 9 (Division of Loaned Shares) A shall borrow KRW 200 million from B through B (Article 1, 2, and 3) and, at the same time, acquire 20% of the revenue shares of KRW 1769.31, Yangcheon-gu Seoul Metropolitan Government DD Building 1769, implemented by C, which is the representative of B, from B, and shall have the right to participate in the execution and flow of the funds related to C and D building at any time, and B shall not interfere with it.

In addition, C's participation as a shareholder of 20% in the progress of the D Building Project and the settlement of shares.

A written agreement of partition of shares shall be substituted by this Agreement.

B. The Plaintiff, via E, remitted each of the KRW 130 million on February 29, 2008 to C’s name account, and KRW 70 million on March 7, 2009.

C. The Defendant repaid each of the Plaintiff KRW 10 million on April 2008, and KRW 10 million on February 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination. A.

1 The Plaintiff’s claim as to the primary cause of claim is that the form of the instant contract is a monetary loan contract or substance, which is the investment principal and final profit in connection with the purchase business of the D Building.

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