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(영문) 서울남부지방법원 2014.09.26 2013가합2024
대여금반환
Text

1. The plaintiff's primary and conjunctive claims and the independent party's claims are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of real estate sale and lease and sale.

The defendant is a corporation established to promote improvement projects, such as reconstruction, etc. (hereinafter referred to as the “instant reconstruction project”) of the wood-day market in Yangcheon-gu Seoul Metropolitan Government 2-dong 503-1.

B. On January 18, 2008, the Plaintiff and the Defendant drafted a monetary lending contract for KRW 420 million as follows. On the same day, the Plaintiff and the borrower borrowed KRW 420 million to the Defendant on the same day: the Plaintiff and the borrower borrowed KRW 420 million to the borrower, and the borrower borrowed the loan. The interest rate on the above loan under Article 2 (Interest) shall be interest-free. Article 3 (Period of Payment and Method of Payment) The borrower shall pay all the above borrowed principal until the date of sale of the reconstruction project. (2) On May 15, 2009, the Plaintiff and the Defendant drafted a monetary lending contract for KRW 300 million to the borrower.

(hereinafter referred to as “each of the instant monetary lending contracts”) in total, including the monetary lending contract dated January 18, 2008 and May 15, 2009. Meanwhile, the Plaintiff is the Defendant.

4. 15. From 15. to the same year.

4. Until 28.28, 300 million won was paid.

(hereinafter referred to as “the instant money” in total of the above KRW 420 million and KRW 300 million. The borrower: Defendant 1 (amount) shall lend KRW 300 million to the borrower with the payment of the construction cost at the time, and the borrower shall borrow this amount.

Article 2 (Interest-free Interest) Interest on the borrowed amount shall be interest-free.

Article 3 (Method of Performance) The borrower's above borrowed principal shall be paid in full after settling accounts at the time of sale of residential facilities (multi-familys) which the borrower paid as construction expenses to the Ye-Seong Construction Co., Ltd. which is the contractor of the city.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, and 6's statements, the purport of the whole pleadings

2. Determination on this safety defense

A. The plaintiff alleged by the defendant.

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