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(영문) 서울남부지방법원 2017.09.13 2017가단204319
손해배상(기)
Text

1. Defendant C and D shall jointly and severally serve as the Plaintiff the amount of KRW 20 million from November 28, 2014 to September 13, 2017.

Reasons

1. Basic facts

A. The land of this case (hereinafter “instant land”) is the land acquired by G through voluntary auction on March 4, 2008 after having invested capital, such as F, in the 37,127 square meters of the E-source in the Gyeongnam Development-gun.

B. F requested the Plaintiff to develop and sell the instant land, and the Plaintiff was introduced the Defendant C and D, which was in coloring the salt processing factory site through Defendant B, which was the H association’s former business operator, while the purchaser was in physical color.

The Plaintiff and the Defendants paid KRW 520 million for the purchase price of the instant land, and KRW 420 million for down payment and intermediate payment KRW 420 million shall be paid by Defendant D with a loan from H association as collateral of the instant land. The remaining KRW 100 million shall, after the development permission for the instant land was granted and the development permission was granted, enter into an agreement to change the loan into the first financial right. On the other hand, the Plaintiff lent KRW 20 million for initial expenses for authorization, permission, loan, etc. for Defendant D, which had no financial capacity.

C. According to the foregoing consultation, on March 24, 2014, G and Defendant D entered into a sales contract with the purchase price of KRW 520 million for the instant land (hereinafter “instant sales contract”), and Defendant D borrowed KRW 440 million from H association as collateral and paid it to G on March 25, 2014.

On the other hand, on March 25, 2014, the Plaintiff transferred KRW 20 million to Defendant D’s account. On August 27, 2014, Defendant D and C issued a loan certificate to the Plaintiff that “Defendant D borrowed KRW 20 million from the Plaintiff free of charge, and on November 27, 2014, the due date for repayment was determined and borrowed as the interest free of charge, and Defendant C’s joint and several guarantee thereto.”

E. However, since the permission for the establishment of salt processing plant on the instant land was rejected, Defendant D was unable to proceed with loan alteration or additional loan procedures, and Defendant D could not pay interest on loans to HFs.

Accordingly, H.C. on July 13, 2015, the Changwon District Court M.I.D. land of this case.

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