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(영문) 서울중앙지방법원 2014.08.19 2013가단342507
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 133,470,147 and the amount of KRW 79,636,880 among them, from November 23, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 14, 2002, the Defendant entered into a real estate sales contract with the Geum-si Co., Ltd., which purchased several parcels of land other than E, which were owned by Namyang-si B and C ground D 103, and intended to promote a new apartment construction project, with the purport of selling the above housing at KRW 1400 million to Geum-si Co., Ltd., and selling it as a member of a district housing association established in the future, to purchase a newly-built partnership apartment.

B. On February 7, 2004, G Housing Association, the president of which is F, was established, and the Defendant completed the registration of ownership transfer as referred to in subparagraph 103 of DB loan to the non-party partnership on June 29, 2004 according to the above sales contract.

C. In addition, the defendant entered into an agreement to enter into an association or an agency agreement with the non-party partnership, an executor company, and an agent company (hereinafter “instant agreement to enter into an association”). According to the contents, the defendant shall join the non-party association as a member of the association and delegate all the affairs concerning the new housing construction business to the gold business to the non-party association for the business, and shall entrust the association members’ contributions of KRW 198 million to the gold business, and shall be divided into the down payment of KRW 14 million on January 16, 2004, KRW 34 million on March 26, 2004, KRW 24 million on March 26, 2004, KRW 6310,000 on June 16, 2004, KRW 20,000 on August 21, 2004, and KRW 198,000 on June 222, 2005; and shall be divided into the general deposit account in the name of the national bank.

On May 4, 2004, the Defendant entered into a housing loan agreement of KRW 1188 million (hereinafter referred to as the “instant loan agreement”) with the Plaintiff to receive a loan of KRW 11,731,00,000,000 (the first and second intermediate payments) among the contributions to be paid to the Nonparty Union, and received a loan of KRW 58,00,000 (the third intermediate payment) on May 4, 2004, and 16.2,631,00 (the third intermediate payment) on June 16, 2004. The above loan amounts to this.

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