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(영문) 수원지방법원안산지원 2017.09.14 2015가합22554
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company aimed at real estate development business, etc., and C is a person registered as an in-house director who is the representative of the Defendant from March 8, 2013 to October 2, 2014.

B. On February 3, 2012, each monetary loan contract was drafted on November 21, 2011 of the same year stating that the Plaintiff granted C KRW 50,000,000,000.

On December 1, 2012, between the Plaintiff and C on December 1, 2012, a monetary lending contract stating the purpose of settling debts, such as loans, up to time, at KRW 120,000,000.

(hereinafter referred to as the “instant loan agreement”), which was concluded on December 1, 2012, following the aforementioned process, C.

On April 1, 2014, the Defendant’s total purchase price of KRW 201,300,000 for the Plaintiff is as follows. Of the three floors of the Dtel-gu in Yongsan-gu in Goyang-si, 325 is KRW 95,70,000, KRW 326 and KRW 330, respectively.

Total amounting to KRW 201,300,00 = KRW 52,800,000,000) 52,80,800,000 won 52,800,000). The sales contract form in the name of the defendant was made in the name of the defendant stating that the defendant sells the Dtel 325, 326, and 330 (hereinafter “the instant officetel”).

(hereinafter) On the same day, each deposit sheet was prepared in the name of the Defendant stating that the Defendant was paid KRW 201,300,000 from the Plaintiff on the same day.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 4 and 10 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff (1) lent a total of KRW 120,000,000 to C, a director of the Defendant’s in-house, for the establishment and operation of the Defendant.

The above loan was actually borrowed from the Plaintiff or agreed to be paid jointly and severally by the Defendant with C.

The Plaintiff and the Defendant enter into this case’s loan agreement until April 1, 2014.

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