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(영문) 수원지방법원 2018.03.29 2016가합1222
대여금
Text

1. Joint with the Plaintiff:

(a) Defendant B and C: 400,000,000 won;

B. Defendant D shall pay KRW 73,500,000 and each of the above amounts.

Reasons

1. Basic facts

A. From February 2006 to May 2, 2006, Defendant C introduced Defendant B to the Plaintiff, “The Plaintiff is currently holding KRW 700 million as of the punishment of KRW 1 billion by investing in Defendant B. The current market price is over two times at the beginning of 2005 when entering into a contract for the land in early 2005. The current market price is over two times, and if the remainder is less than six months after the payment of the remainder, it is possible to bring profits at two times within one year, and if the remainder is short, it would bring profits at a short period of six months.” The Plaintiff introduced Defendant B to the Plaintiff. At that time, the Plaintiff met Defendant B.

B. Defendant B stated that “I will jointly manage the Plaintiff as a joint representative of Defendant D and Defendant C, the address of which is the 10 billion won property,” and that “I will pay the principal and profits with money if I will change the ownership of the land in the name of the incorporated farming association or sell or sell the land in the name of the incorporated farming association if I would sell or sell the land in the name of two times or below the market price in 2005. I would like to pay the principal and profits with money if I would like to purchase or sell the land in the name of the incorporated farming association in the form of two names.”

However, in fact, even if Defendant B received an investment from the Plaintiff and purchased real estate, it was thought to use it as a collateral by a financial institution, etc. and was a bad credit holder with no property at the time. Defendant C also did not have any property to invest KRW 700 million in the real estate and thus Defendant B and C could not purchase the real estate normally with the Plaintiff. Therefore, the intent or ability to transfer the ownership of the land or sell the land to the Plaintiff according to the share of the investment shares, and to pay the principal and its profits therefrom.

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