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1. The Defendants shall pay to each of the Plaintiffs KRW 158,990,00 and the interest rate from June 28, 2019 to the day of full payment.
Reasons
1. Facts of recognition;
A. Members, including the Defendants, (hereinafter “Defendants, etc.”) decided to construct apartment and neighborhood living facilities (hereinafter “instant building”) on the G and L ground in light of light time, and entered into a contract for construction of the instant building with M Co., Ltd. (hereinafter “M Co., Ltd.”) around 2014 and carried out construction work.
B. The N Bank borrowed the construction capital to the Defendants, etc. on the security of their own land, but the said construction was suspended on January 2017.
C. The NB bank notified the Defendants, etc. that the construction cost will be KRW 1.2 billion after the deposit in the NB bank, while making a provisional attachment on the personal property of the Defendants, etc. and conducting the auction.
Accordingly, Defendant O, the representative of the Defendants, discussed the methods of lending construction costs and resumption of construction to the Plaintiffs, and the Plaintiffs deposited them after negotiating with the N Bank with a total of KRW 1 billion in total, including KRW 500 million prepared by them and KRW 500 million prepared by Defendant O from P (M and the company responsible for performing the said construction work).
The building of this case was resumed and completed on January 3, 2018.
E. The Defendants concluded with the Nbank to reduce the amount of the construction cost deposit to KRW 1 billion, and to pay KRW 50 million to the fees for assisting the Plaintiffs in the resumption of construction works by raising KRW 500 million among them.
F. On June 8, 2017, the Plaintiffs separately lent the amount of KRW 50 million to Defendant D’s Q Bank Account.
G. On June 14, 2017, the Defendants drafted and awarded a loan certificate (No. 2) to the Plaintiffs.
The content is as follows: ① KRW 50 million and KRW 100 million in total, and ② KRW 300 million in total, and KRW 50 million in total, KRW 50 million in the above KRW 500 million and KRW 300 million in the above KRW 500,000 shall be paid interest for KRW 200,000.