logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.08.19 2014가합32489
대여금
Text

1. Of the instant lawsuit, the part of the Plaintiff Company’s primary claim shall be dismissed.

2. The defendants are jointly and severally plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A and Nonparty G management H Co., Ltd. (hereinafter “H”) are companies engaged in each building business, etc., and Defendant F Co., Ltd. (hereinafter “Defendant Company”) operating Defendant E is a company engaged in real estate business, housing construction business, etc.

B. On April 5, 2011, when the Defendant Company entered into a trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) and intended to carry out Jtel new construction works (hereinafter “instant construction works”), the Defendant Company entered into an investment agreement with K as follows with respect to the instant construction works on the ground that the event of development was held with the Defendant Company and the Plaintiff Company, which was actually managed by G (hereinafter “K”), and deposited KRW 100 million in the name of K in the corporate bank account in the name of Defendant E on May 25, 2011.

2) K shall pay the land price on the following day at the time of approval for the project (the scheduled date: April 25, 201) so that the Defendant Company can transfer the ownership of the instant construction site. Buildings shall be five underground and twenty-seventh floor above ground (one story, commercial building, 3-27 floor: 600 households). 3) The recovery of land costs invested by K shall be 50% from the sales contract deposit, settle 50% from the first intermediate payment, settle 50% from the first intermediate payment, and order the remainder in the second intermediate payment.

4) K shall designate the Defendant Company as of April 11, 201 after receiving the business deliberation (scheduled date: April 7, 201) and pay 200 million won for the design cost. 5) The Defendant Company shall obtain business approval and pay K (80%) for the next following day after obtaining business approval.

7) The Defendant Company is responsible for sale in lots and executed by discussion with K. 8) After completion, the Defendant Company is the Defendant Company.

9) The distribution of profits of the Defendant Company and K is subject to the following terms: 1. Land land and loans related to the above-mentioned implementation will be settled preferentially; 2. Construction costs will be paid in terms of flag and shall be allocated from the third intermediate payment to five to five to five in the remaining amount. 10) The remainder of land shall be paid at the time of payment.

arrow