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(영문) 인천지방법원 2020.07.22 2019가단225490
손해배상금 지급
Text

All claims of the plaintiffs (appointed parties) and the designated parties are dismissed.

The costs of lawsuit are assessed against the plaintiff (appointed party) and .

Reasons

Facts of recognition

A. The Plaintiff and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) and the Defendant jointly invested in around 2000 and agreed to purchase real estate in the name of the Defendant and to equally divide the subsequent costs and profits therefrom (hereinafter “the first agreement”).

B. In accordance with the first agreement of this case, the Plaintiff, etc. and the Defendant purchased from F on May 10, 200 the total amount of KRW 1,934 square meters prior to G in Yeonsu-gu Incheon (hereinafter “instant land”) and completed the registration of ownership transfer under the name of the Defendant. The said purchase price of KRW 200 million was invested by the designated parties and the Defendant, respectively, in the amount of KRW 20 million by the Plaintiff, and the Plaintiff’s KRW 10 million, and paid KRW 110 million to H association on May 19, 200 after establishing the right to collateral security of KRW 154 million with a maximum claim amount of KRW 10 million.

On the other hand, the plaintiff et al. and the defendant decided that the designated parties and the defendant bear each of the above loan principal amounting to KRW 20 million and the plaintiff's 30 million, and that the loan interest shall bear the responsibility according to the ratio of the amount of the loan granted to the lender.

C. On May 20, 2005, while the Defendant received money from the Plaintiff, etc. and paid the loan interest, property tax, medical insurance premium, etc. on the instant land, the Defendant obtained a loan in addition to KRW 300,000,000,000,000 to repay the existing principal from the H Association, and received a total of KRW 113,00,000 from the H Association.

Plaintiff

The plaintiff, etc. and the defendant confirmed the details of the first agreement of this case around November 10, 2005. The joint purchase of real estate at the time shall be settled at the time of disposal, and the interest accrued thereafter shall be jointly paid at the payment date of interest, and the plaintiff, etc. and the defendant shall jointly pay the interest amount corresponding to the payment date of interest, but the interest amount for six months until November 17, 2005 shall be deposited in the defendant head of the Tong one million won per capita, and the interest amount after December 2005 shall be deposited in the defendant head of the Tong by 170,000 won by the 15th day of each month (hereinafter "the second agreement of this case").

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