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(영문) 대전지방법원 2015.04.16 2013가단34225
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 55,00,000 and each year from August 29, 2013 to April 16, 2015.

Reasons

1. Basic facts

A. On October 2003, the Plaintiff invested in Sejong Special Self-Governing City D Forest Development Project upon the recommendation of Defendant B.

B. The Plaintiff received a loan from the E-credit Union that Defendant B had worked as a full-time employee and invested in the money.

C. On April 10, 2012, the Plaintiff and Defendant B agreed to bear half the amount invested by the Plaintiff, and prepared a written confirmation as follows, and Defendant C jointly and severally guaranteed Defendant B’s obligation.

Investment amount: approximately KRW 230,000 (Loan and Interest under EF A): From October 31, 2003 to September 30, 201, the content as of September 30, 201: He confirms that the above investment amount is liable for KRW A 50% B 50%.

When calculating the amount of loan and the amount of repayment and interest during the period within the scope to be sought by the plaintiff according to the contents of the above certificate, it shall be as shown in the attached Form.

The Plaintiff’s purely invested money is KRW 1,30,00,000 (the Defendant argued that loans other than KRW 100,000 are not recognized as investments, but Defendant B was aware of all the details of the Plaintiff’s loans from around 1980 to June 2006. In such a case, it is reasonable to view that the sum of the loans and the funds invested by the Plaintiff as its interest holders is KRW 228,61,589, and is close to KRW 230,00,00,000, which is the disposal document confirmation amount, and it is reasonable to regard that the amount invested by the Plaintiff as KRW 10,00,000,000, and interest on the above loans is KRW 68,61,589.

E. On February 26, 2013, Defendant B transferred the ownership of the F Forest in Sejong Special Self-Governing City to the Plaintiff on February 26, 2013 with the repayment of the obligation under the above certification.

The ownership transfer of the above real estate was in the form of sale, and the seller determined the sale price as the plaintiff and the sales price as KRW 80,000.

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