logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2020.03.13 2018가합75651
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is a monetary loan agreement No. 864 of the 2018 Document No. C prepared by C.

Reasons

1. Basic facts

A. In May 2017, the Plaintiff and Defendant side (D Co., Ltd.; hereinafter “Nonindicted Company”)’s relation to the housing construction contract (i) around May 2017, 4 multi-household housing is “the instant housing with four multi-household housing units” on the ground of the land, such as Goyang-gu, Seoyang-gu, the Plaintiff owned by the Plaintiff (hereinafter “instant land”).

The construction contract (hereinafter “the construction contract”) with the following contents newly constructed is the instant construction contract.

(2) The Defendant entered into a contract with the non-party company with which the representative director is the Defendant. ① The construction cost is KRW 1,877,00,000; ② The method of paying the construction cost: 25% of the construction cost as advance payment at the time of the contract; 45% of the construction cost; and 30% of the completion deposit after completion; ③ The scheduled completion date for completion of a contract; and on November 30, 2017, the Plaintiff paid the non-party company the total amount of KRW 50,000,000 for the construction cost six times from August 10, 2017 to October 31, 2017. (3) The instant housing was approved for use in March 2018.

B. The plaintiff asserts that the money that the defendant lent or invested to the plaintiff is "loan", and the defendant asserts that it is "Investment Money".

(1) (1) The instant Arrangement 1 (Investment Address in the Agreement of November 3, 2017): The Defendant “B” refers to the Defendant for the project of the investment address of the Multi-Family Construction Corporation for the Goyang-gu, Yangyang-gu, Yangyang-gu, Seoul and the three lots of Multi-Family Construction Corporation.

“A” refers to the Plaintiff.

300 million won shall be invested to the Corporation in 2017-11-03.

"A" shall be paid to "B" 15% of the amount of investment revenue to "B".

The period of use of the investment fund shall be 2017-12-31.

When the construction cost to be paid to the non-party company is insufficient, on November 3, 2017, the Plaintiff prepared an investment agreement as follows, and received KRW 300,000,000 from the Defendant, and paid KRW 30,000,000 to the Defendant.

(hereinafter “instant First Agreement”). On the same day, the Plaintiff created a right to collateral security against the Defendant regarding the instant land, which constitutes a maximum debt amount of 1,090,000,000.

(2) The instant case.

arrow