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(영문) 서울중앙지방법원 2018.05.17 2017가단94110
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 102,00,000 and the interest rate of KRW 15% per annum from September 8, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s account of the Defendant, who is the representative director of the non-party company or non-party company, in relation to the joint reconstruction of Dolle, EP, and FBD located in Seocho-gu Seoul Metropolitan Government (hereinafter “non-party company”) that the Plaintiff intends to implement, is KRW 20 million on March 23, 2016, and the same year.

4. 18.40 million won, and the same year.

4. 25.10 million won, and the same year.

5. 30. 10 million won has been transferred, and the same year has been transferred.

4. The defendant returned 30 million won.

B. As above, on December 16 of the same year, when the Plaintiff transferred the sum of KRW 50 million to the Defendant or the non-party company (i.e., KRW 40 million to KRW 10 million to KRW 10 million to KRW 30 million), the Plaintiff prepared an agreement with the Defendant (hereinafter referred to as “instant agreement”), and the part relating to the instant agreement is as follows.

G (referring to the Plaintiff) shall pay to H (referring to the Defendant) more than KRW 100 million in addition to KRW 10,000,000 which was deposited in the name of C and B prior to the preparation of this Agreement by dividing the daily amount of KRW 100,000 by a passbook in the name of B two times by January 20, 2017.

The sum of the above amounts is KRW 10,000,000, G appears to be “H”, i.e., the Defendant’s clerical error.

Pursuant to the lending of interest free of interest to H, the maximum amount of 49% of the profits shall be distributed to H if the D loan reconstruction project in the Seocho-gu Seoul Metropolitan Government, which is currently promoted under the name of H C, is successful, and H shall mutually recognize that the amount of the above loan shall be converted into the investment amount. If D loan reconstruction project in Seocho-gu Seoul Metropolitan Government, is not permitted by the permitting agency by the end of March 2017, it shall be the period for immediate return by H to G.

C. The Plaintiff transferred to the Defendant’s account KRW 50 million on the same day, and KRW 2 million on April 10, 2017, respectively.

The Seocho-gu Office shall not want to be independently reconstructed by 19 holders of Seoul J, I, and K Down-gu, Seoul.

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