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(영문) 서울중앙지방법원 2017.07.21 2016가합569096
약정금 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 349,00,000 and for this, KRW 5% per annum from January 1, 2012 to November 21, 2016.

Reasons

Facts of recognition

Defendant B as a party is a corporation E (the trade name of December 14, 2009 was changed to F, and was dissolved on December 15, 2016; hereinafter collectively referred to as “E”) auditor for the purpose of sales agency business, etc.

Defendant C was the representative director and Defendant D was the E director.

On June 13, 2008, the Plaintiff drafted a monetary loan agreement (hereinafter “instant contract”) stating that “(i) the Plaintiff shall lend KRW 100 million to Defendant B, and (ii) the Plaintiff shall provide the Plaintiff with the land located in the Gangwon-do door, and (iii) the Plaintiff shall pay KRW 700 million in total to the Plaintiff according to the progress of the instant contract where the instant parcelling-out project is carried out smoothly. (iv) When the instant project is not carried out by June 30, 2009, the Plaintiff shall pay KRW 100 million to the Plaintiff if the said project is not carried out by June 30, 2009.”

The Plaintiff remitted total of KRW 100,000,000 to Defendant B’s account on June 9, 2008, and KRW 100,000,000 on June 13, 208.

Defendant B, from August 2008 to February 2, 2009, remitted KRW 259 million to the Plaintiff around August 2008, 2008, “Korea is proceeding with a certain project to the Plaintiff.” This is the redevelopment project planned to H.

When the project is being carried out, a large amount of profit can be raised immediately, and the fund of the head of the party is difficult to carry out the project as a mother and child.

On September 30, 2008, when only the project is in progress, the principal may be repaid by the day before September 30, 2008, and at latest, 100 million won can be repaid at least 700 million won by the end of 2008.

When lending money, the provisional attachment or provisional disposition for the loan to H is required, and the first and E is required to be registered as the officer, and the same profit shares as the representative director can be distributed upon registration as the officer.

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