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(영문) 서울서부지방법원 2018.06.07 2017가합34738
대여금
Text

1. The defendant,

A. 213,804,109 won to Plaintiff A and 5% per annum from January 23, 2015 to June 7, 2018, respectively.

Reasons

1. Facts of recognition;

A. The defendant, around June 2005, proposed that, when the defendant lent money to the plaintiffs for the sale of the commercial buildings in the D apartment complex of Chungcheongbuk-gun (hereinafter "the commercial buildings in this case"), the principal and the profits should be given and the commercial buildings sold in lots should be provided as security.

Accordingly, Plaintiff A and Plaintiff B lent KRW 25 million to the Defendant on June 14, 2006 after the due date for reimbursement of KRW 110 million.

B. In July 2006, the Defendant demanded that the Plaintiffs borrow money by presenting an investment statement that includes the following contents in order to pay the sale price of the commercial building 101 and 108.

Plaintiff A 225 million won in total of the principal re-investment in the initial stage of division, Plaintiff B 110 million won in KRW 445 million in KRW 60 million in KRW 160 million in total, and the total amount of KRW 335 billion in KRW 300 million in KRW 350 million in KRW 3660 million in KRW 1 billion in KRW 85 million in KRW 100 million in total.

C. The plaintiffs decided to make an additional investment to the defendant pursuant to the above table, and the defendant prepared and issued a letter of performance with the following contents to the plaintiffs:

(hereinafter referred to as the “instant agreement”). The Defendant, with respect to the instant commercial building investment, will implement the commitments with the Plaintiffs as follows.

- reimburse the principal and interest of the investment of heading 101 and 108 until June 30, 2007

- bear financial costs for the full amount of investments (1.0 billion won) (1.085 million won);

(Detailed matters omitted) - Compensation for any loss incurred by the investment amount.

- Transfer taxes and all expenses incurred in selling the above articles (101, 108) shall be borne by the defendant.

The plaintiffs paid the balance of the sale price of the commercial building 101 until July 28, 2006 in accordance with the agreement of this case and perform all the additional investment obligations, and then the plaintiffs Gap secured the defendant's obligation to repay the principal and interest of the investment under the agreement of this case as security, and the ownership of the commercial building 101.

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