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Reasons
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(영문) 인천지방법원 2017.09.12 2016가합58559
대여금
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1. The plaintiff's main claim against defendant D is dismissed.

2. The Plaintiff:

A. Defendant B and C.

Reasons

1. Basic facts

A. Borrowing money from the Plaintiff and concluding a sales contract for each of the instant lands 1) Defendant B and C agreed to conduct a liquefied petroleum gas filling business and select the subject site, Defendant B and C shall be the Gyeyang-gu Incheon, Gyeyang-gu, Incheon (hereinafter “instant E”).

2) The land of this case is 1,254 square meters prior to F. F. The land of this case is “each of the instant land” in combination with E

2) The business of installing liquefied petroleum gas filling stations (hereinafter “instant filling station business”)

(2) Defendant B loaned KRW 400,000,000 to the Plaintiff, Defendant B, while running the instant charging business, shall pay KRW 500,000,000 with its profit, and borrowed KRW 400,000,000 from the Plaintiff on August 22, 2010 (hereinafter “the instant loan”).

3. On August 22, 2010, Defendant B entered into a sales contract with the Plaintiff on the instant land at KRW 2,500,000,000, and the down payment of KRW 200,000,000, which is to be paid on the date of the contract, and entered into a special agreement with the following terms: (a) An account entered into under a special agreement is the Plaintiff’s account.

Article 10

2. Unless there are special circumstances, Defendant B shall complete the license of charging station within five (5) months following the conclusion of this contract, and in the event that the license of charging station is not granted, this contract shall be null and void without terms and conditions, and G shall return the down payment already paid to Defendant B to the account designated by G (CF) within seven (7) days.

4) As to the instant F land as of the same day I and the instant F, Defendant B shall have the sales price of KRW 1,706,850,000, and the down payment of KRW 200,000 (hereinafter “the down payment for the instant F land”).

(B) In concluding a sales contract with Defendant D on November 30, 2010, Defendant B and C entered into a special agreement with the same content as that of the contract with G, but did not enter the Plaintiff’s account. (b) Defendant B and C on November 30, 2010.

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