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(영문) 대전고등법원 2015.03.20 2014나1469
대여금 및 구상금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

The plaintiff, defendant B, the plaintiff, and defendant B.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B’s land purchase in order to obtain the resale marginal profit, and the Plaintiff and Defendant B agreed to jointly purchase land and distribute the resale marginal profit at the investment ratio, and on March 31, 2004, the Plaintiff bears KRW 50,000,000, and Defendant B bears KRW 150,000,000, respectively, and Defendant B bears KRW 1,302 square meters and E 2,707 square meters (hereinafter “F land”).

(2) On October 19, 2004, the Plaintiff and Defendant B jointly purchased the price of KRW 200,000,000 and completed the registration of ownership transfer on April 2, 2004, and on September 21, 2004, the Plaintiff and Defendant B jointly purchased the price of KRW 60,000,000 and completed the registration of ownership transfer at H on October 19, 2004 by bearing each of the costs of KRW 180,000,000 by Defendant B and completing the registration of ownership transfer.

B. The Plaintiff and Defendant B’s investment in the wedding business 1) Defendant B around September 6, 2006 (hereinafter “Songsan Agricultural Cooperative”)

(2) The Plaintiff was granted loans of KRW 200,000,000 out of the above loans with the maximum debt amount of KRW 280,000,000 as joint collateral, and the Defendant B invested KRW 150,000,000 out of the above loans in the instant wedding business. (2) As such, Defendant B was appointed as the representative of the Seoul Jongno-gu Seoul Jongno-gu Seoul Jongno-gu J (hereinafter “instant wedding”) and was operating the instant wedding hall, and the Plaintiff collected KRW 50,00,000,000, which invested in the said Iwa and invested in the instant wedding business.

3. On March 13, 2007, the Plaintiff set up a right to collateral security of KRW 260,000,000 with respect to the amount of 1,263 square meters owned by L, and granted loans of KRW 200,000,000 from Song Inak Agricultural Co., Ltd. and granted the above KRW 200,00,000 to Defendant B on the 15th of the same month and 16th of the same month.

In addition, on March 26, 2007, the Plaintiff and Defendant B invested KRW 250,000 in the instant wedding business of Defendant B.

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