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(영문) 전주지방법원 2014.07.02 2013가합7270
대여금
Text

1. Defendant C, D, E, F, and G are jointly and severally liable to each of the Plaintiffs for KRW 400,000,000,000 and the aforementioned amount on October 31, 2012.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company engaged in real estate sale and lease business, real estate-related agency business, etc., and Defendant Jeonju-gu Automatic District Housing Association (hereinafter “Defendant Association”) is a regional housing association established to conduct the construction business of main multi-purpose apartment (hereinafter “instant business”) within the land located within 157-4 located in Jeonju-si.

B. On March 2, 2011, the Defendant Union’s promotion committee, which is the telegraph of the Defendant Union, concluded a PC-Mster business contract (hereinafter “instant business contract”) with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) and the Korea Land Trust (hereinafter “Korea Land Trust”) to perform the instant business management (such as setting the maximum business district and presenting the most effective development plan, reviewing the feasibility of the business, examining the conditions of authorization and permission, and providing support, etc.) and the construction management and fund management.

C. On July 7, 201, based on Article 7(2) of the instant business contract, the Korea Land Trust Co., Ltd entered into a business management service agreement (hereinafter “instant service agreement”) with the content that Defendant C and Defendant C shall perform the business management services for the instant business, and that the Korea Land Trust shall pay the price therefor (hereinafter “instant service agreement”).

Plaintiff

A On March 26, 2012, and March 29, 2012, each of the Defendant C and the Plaintiffs invested KRW 300 million in Defendant C, and Defendant C entered into each of the financial investment agreements (hereinafter “instant investment agreement”) with the terms that the redemption date shall be October 30, 2012, and the delay damages shall be 24% per annum, and each of the said 400 million won shall be repaid to the Plaintiffs. Pursuant to the instant investment agreement, the Plaintiff A entered into the instant investment agreement with the Defendant.

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