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Reasons
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(영문) 서울북부지방법원 2018.02.08 2017가합24070
대여금
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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The first loan agreement for consumption and loan 1) The representative director of the Defendant Company (CBA corporation) requested the Plaintiff around February 17, 2006 to lend KRW 300 million to the Plaintiff as a fund for the promotion of the construction of apartment houses in relation to the Busan Geum-gu apartment development project, which was promoted by the Defendant Company at the time, and the Plaintiff transferred KRW 300 million to the Plaintiff under the name of the Defendant Company. 2) D made a statement of performance (Evidence 2-1 of the evidence No. 2 of the above 600 million in total to the Plaintiff by April 20, 2006 that the Plaintiff would pay KRW 300 million in total to the Plaintiff by 300 million in total, and on February 26, 2007, KRW 300 million in total, the remaining amount until April 2007, and KRW 300 million in addition to the interest No. 2570,407,200.

The amount of KRW 300 million borrowed from the plaintiff was used as the apartment development project fund promoted by the defendant.

B. On March 6, 2007, 2007, D loaned approximately KRW 300 million to the Plaintiff under the name of the Defendant Company as the contract deposit for land purchase for E urban development projects, if the Defendant Company loaned KRW 300,000,000 to the Plaintiff on April 30, 2007, the Plaintiff accepted the above proposal and lent KRW 12,030,000 to the Defendant Company a total of KRW 272,030,000 to the Cheongju-si F land (owner G) to be purchased by the Defendant Company.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 11, 12 (including paper numbers), witness K's testimony and the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendant Company shall pay the principal and dividends pursuant to the first monetary loan agreement to the Plaintiff, except in extenuating circumstances.

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