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(영문) 서울남부지방법원 2019.05.28 2018가단240879
배당이의
Text

1. The Defendant: KRW 66,842,379 for the Plaintiff and KRW 5% per annum from August 29, 2018 to May 28, 2019; and

Reasons

1. Facts of recognition;

A. The Defendant loaned KRW 150 million to the Plaintiff, totaling KRW 50 million on July 29, 2015, KRW 50 million, KRW 50 million on August 18, 2015, KRW 45 million on September 3, 2015, and KRW 50 million on October 23, 2015, on the ground that the Plaintiff’s new construction cost for 28 households located in Geumcheon-gu Seoul Metropolitan Government.

On July 29, 2015, the Plaintiff drafted “the primary proof” (hereinafter “instant primary proof”) to the Defendant, stating that “The Plaintiff shall borrow KRW 150 million from the Defendant as necessary for the payment of the said construction cost, promising the Defendant to promise the amount of profit at an investment amount of KRW 80 million,000,000,000, and as the first to sell in lots, even before the date of promise, as the first to sell in lots.”

B. Thereafter, around August 4, 2016, the Plaintiff loaned KRW 20 million to the Defendant with the payment of the said money as well as the said money. On August 29, 2016, the Defendant lent KRW 11.5 million to the Plaintiff on August 29, 2016.

Ultimately, from July 29, 2015 to August 29, 2016, the Defendant lent a sum of KRW 161,500,000 (hereinafter “instant money”) to the Plaintiff.

C. Meanwhile, around August 4, 2016, the Plaintiff: (a) borrowed KRW 250 million from the Defendant (on August 4, 2016), as the construction cost is required for the construction of the 11-household household located in Geumcheon-gu Seoul, Geumcheon-gu; (b) promised to sell profits to the Defendant on January 20, 2017, by promising the Defendant to pay the investment amount of KRW 150 million; and (c) first to pay a preferential repayment (the first to KRW 400 million); and (d) promised to pay the said loan amount of KRW 250 million (the second agreement of this case).

was drawn up. D.

On August 4, 2016, the Plaintiff issued a promissory note with a face value of KRW 400 million at the face value as of January 20, 2017, at the same time as the above loan certificate was issued to the Defendant. The Plaintiff’s compulsory execution under the said promissory note is enforced.

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