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(영문) 전주지방법원 2014.07.23 2013가합7225
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from December 18, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 5, 2012, the Plaintiff entered into an investment agreement with C to pay KRW 100,000,000 to the Plaintiff within five months from the commencement date of the construction, with each of the investment principal and the dividend amount of KRW 75,00,000 within one month from the completion date of the construction (hereinafter “instant investment agreement”), and the Defendant guaranteed this agreement.

B. On July 5, 2012, the Plaintiff paid KRW 100,000,00 to C, and the Defendant borrowed KRW 50,000,000 from the Plaintiff and the Defendant determined the proceeds under the Investment Convention as KRW 1/2 (37,50,000) (hereinafter “the instant loan certificate”).

C. On January 20, 2014, the instant construction project received an application for approval of the housing construction project plan from C and a limited liability company (hereinafter “b&C”) on the joint implementation of C and the instant construction project. On January 20, 2014, C and C received an application for approval of the housing construction project plan on the preceding week, and on the grounds that the prior review was conducted, the prior review was required to supplement the application for approval of the housing construction project plan on the grounds that the land ownership, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, evidence 3-1, 2, Eul evidence 1-1, 3-1, and 1-3 of this Court, fact-finding results on the previous main market, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant guaranteed the return of the invested principal and the amount of dividends at the time when the Plaintiff invested KRW 100,000,000 in the instant construction project executed by C. However, immediately after the Plaintiff invested KRW 100,000,000 to C, the Defendant prepared a loan certificate stating that the Defendant borrowed KRW 50,000 to the Plaintiff, and the amount of the invested principal that C shall pay KRW 100,000 to the Plaintiff by a special agreement, shall be the amount of KRW 75,00,000 out of the dividend amount of KRW 37,50,000,000 among the investment principal that C shall pay to the Plaintiff by a special agreement.

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