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(영문) 창원지방법원통영지원 2017.10.18 2016가단22669
정산금
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 51,027,430, and each of them from July 6, 2017 to October 2017.

Reasons

1. The Defendants, based on the facts, purchased 13 land, including 1,485 square meters prior to the said D (hereinafter “instant land”) from October 2009 to September 201, in order to construct the Han-si village and 16,669 square meters (hereinafter “the instant project”).

The Defendants invested the instant land in kind; E 1.5 billion won, and F 50 million won, respectively, and established G Co., Ltd. (hereinafter “instant stock company”) around April 7, 201 by investing each of the instant land in KRW 1.5 billion.

After issuing a total of 2,00 shares, the instant stock company allocated 750 shares to E, 250 shares to F, 334 shares to the Plaintiff, 333 shares to Defendant C, and 333 shares to Defendant B, respectively.

In addition to various expenses, contributions made by the Plaintiff and the Defendants to the purchase amount of KRW 1,459,868,220 (including unpaid amount of KRW 164,20,000, and interest expenses on the purchase amount of KRW 164,200), the capital invested by the Plaintiff and the Defendants was calculated as KRW 2 billion.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion and the Defendants agreed to share interest costs on the purchase fund of the instant land.

In order to continue the instant business, the Plaintiff paid interest amounting to KRW 151,703,831 (i.e., interest amounting to KRW 87,132,554 (i.e., KRW 64,571,277) to KRW 400 million (i.e., interest amounting to KRW 87,132,554).

The remaining loans and interest costs as of March 27, 2017 are KRW 115,787,694 (=the remaining loans KRW 35,108,473 at interest rate of KRW 80,679,221).

Therefore, the defendants are obligated to settle the above amount.

In addition, since the Plaintiff invested KRW 145 million in relation to the instant business, the Defendants are obligated to settle the said investments.

B. As seen earlier, the Plaintiff and the Defendants did not pay for the portion of the first loan.

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