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(영문) 수원지방법원 안산지원 2018.05.31 2017가합10616
대여금
Text

1. The Defendants each of the KRW 150,000,000 to the Plaintiff and 20% per annum from February 19, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On December 15, 2015, the Plaintiff entered into an agreement with Defendant B, Defendant C, and Defendant C’s spouse D, Defendant C’s spouse E (hereinafter “Defendant, etc.”) to invest land purchase price, construction cost, etc. in the construction site of multi-household housing located in Incheon Southern-gu (hereinafter “F construction site”) (hereinafter “instant investment agreement”).

B. While entering into the instant investment agreement, the Plaintiff, the Defendant, etc.: (a) paid the total amount of the investment agreement to KRW 570 million; (b) the investment principal and the investment profit amount invested by the Plaintiff within 30 days from the completion date of the said F construction site.

(However, the amount of investment return was finally settled within 50 days after the completion of other multi-household construction built by the Defendant, etc. in G at the time of strike.

After completing a house at the F construction site around January 2017, the Defendant, etc. demanded that the Plaintiff “as the Defendant, etc. intends to directly reside in the F construction site among multi-households in the F construction site, the amount equivalent to the sale price under the above 201 and 401 out of the investment proceeds, and to lend it to the Defendant, etc.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The plaintiff's assertion

1. A quasi-loan agreement with Defendant C was concluded by providing loans of KRW 150,00,000 equivalent to the parcelling-out price of KRW 401, out of the amount equivalent to the parcelling-out price of KRW 401, as a part of the investment profits falling under subparagraphs 201 and 401 of the F construction site, upon the request of the Defendant, etc., such as basic facts in the paragraph (c).

The Plaintiff, Defendant B, and C enter into a quasi-loan agreement as above, and the due date shall be December 31, 2017, and the interest accrued until the due date shall be 10% per annum, and if Defendant B and C fail to pay interest, the due date shall arrive immediately.

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