(영문) 서울중앙지방법원 2017.05.12 2016가합538931

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(영문) 서울중앙지방법원 2017.05.12 2016가합538931

대여금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. 인정사실 E은 토목공사업 등을 영위하는 원고의 대표이사이고, 피고 C은 토목건축공사업 등을 영위하는 피고 주식회사 B(이하 ‘피고 B’이라 한다)의 대표이사이다.

On August 29, 2005, between the Plaintiff and Defendant B, the Plaintiff entered into an investment contract with the effect that the Plaintiff invested KRW 500 million in respect of the G market redevelopment project on the land of the Nam-gu Incheon and 93 parcels of land that the Plaintiff received from Defendant B, and that Defendant B shall pay 20% of the invested amount to the Plaintiff within two months after the completion inspection (hereinafter “instant investment contract”).

On the same day, the Plaintiff paid KRW 500 million to Defendant B.

On December 6, 2005 between the Plaintiff and the Defendants, the Plaintiff was jointly and severally and severally liable for each of the co-suretiess, Defendant B, and Defendant C, and the date of preparation was August 29, 2005, which was August 29, 2005, a notary public prepared a notarial deed (hereinafter “notarial deed of this case”) by No. 5078 on August 5, 2005, which was the date of the investment contract of this case. The main contents are as follows: The amount of the notarial deed of this case was the date of the notarial deed of this case (hereinafter “notarial deed of this case”) which was 500,000,000 won (20,000,0000 won (70,0000,0000,000 won) plus the principal and interest KRW 100,000,000,0000,000 won, which was paid as the interest of this case on December 5, 2005.

1.To borrow the above amounts of money jointly and severally liable.

2. The principal shall be the repayment key to the creditor by attending the full amount of the borrowed amount on December 5, 2005.

The following shall be:

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 4 evidence (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant investment contract was concluded and the progress of the instant business was delayed, and the Plaintiff’s investment in Defendant B.

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