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(영문) 대전지방법원 2018.05.09 2016가합1346
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 550,000,000 won and 24% per annum from April 1, 2015 to the date of full payment.

Reasons

Based on the facts, the Plaintiff entered into a provisional contract between the Plaintiff and the Plaintiff on September 3, 2014, with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”). With respect to F forest land of 5,179 square meters and G forest land of 10,363 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the registration conversion and division around October 2014, the Plaintiff entered into a provisional contract with the Plaintiff on September 30, 2014, with the content that the Plaintiff would enter into a regular sales contract and pay 94,3050,000 won in full.

The Plaintiff received KRW 10 million from E on the day of signing the provisional contract.

In addition, the transfer income tax to be imposed on the Plaintiff was determined to be borne by E.

E did not pay the purchase price to the Plaintiff by September 30, 2014, and the Plaintiff confiscated the provisional contract amount of KRW 10 million.

E decided to purchase the instant real estate again from the Plaintiff, and agreed to conduct a business as to H and real estate development, and received a loan from the Jeonsung Credit Union through H, and paid the purchase price to the Plaintiff.

H entered into a partnership agreement with the Defendant D, a mother C, and a branch of H on the instant real estate.

Accordingly, on November 3, 2014, the Plaintiff indicated “A” No. 3 (real estate sales contract) as of November 4, 2014. However, there is no dispute between the Parties that the date when the sales contract for the Defendants as buyers was concluded on November 3, 2014.

The Defendants sold the instant real estate to the Defendants (hereinafter “instant sales contract”).

H at the time, on behalf of the Defendants, drafted a sales contract (hereinafter “instant sales contract”) dated November 4, 2014, between the Plaintiff and the purchase price, which was 1.7 billion won.

E and H, on November 3, 2014, entered into a sales contract with the purchase price of the instant real estate in an amount equivalent to KRW 2.3 million and submitted it to the Jeonsungsung Credit Union. On the same day, the Plaintiff borrowed a total of KRW 1.65 billion in the name of the Defendants, from among them, KRW 1.14,972.

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