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(영문) 춘천지방법원원주지원 2020.05.22 2018가단308527 (1)
약정금
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 101,835,616 and KRW 100,00,000 among them, from January 9, 2019.

Reasons

1. Facts of recognition;

A. On March 25, 2014, the Plaintiff and the Defendant Company B (hereinafter “Defendant Company”) jointly purchased land D and E-2 (hereinafter “instant factory site”). The Plaintiff first lent KRW 100,000,000 out of the said purchase fund to the Defendant Company on June 30, 2014 due date, and on June 30, 2014. After purchasing the instant factory site in its name, the Defendant Company purchased the instant land in its name and redeemed the said borrowed money at the due date, the Plaintiff made an agreement that the Defendant Company would pay the land division to the Defendant Company, and that the Defendant Company would be implementing the procedures for division of the said land and transfer of ownership (hereinafter “instant agreement”).

At the time, Defendant C, the representative director of the Defendant Company, guaranteed the obligation to return the borrowed amount under the above agreement.

B. In accordance with the instant agreement, the Plaintiff lent KRW 100,000 to the Defendant Company around that time.

C. Meanwhile, on March 10, 2014 and the same year to the Defendant Company under the pretext of the cost of design of the factory to be newly built on the instant factory site.

5. Around 13. Around 10,000,000 won, each of which separately lent KRW 20,000.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The Defendants are jointly and severally liable to pay to the Plaintiff KRW 120,000,000 for borrowed money and KRW 20,000,000 for factory design expenses under the instant agreement, and the delay damages therefrom. 2) In selectively, the Defendants, after intentionally deceiving the Plaintiff and borrowing KRW 120,000,000 from the Plaintiff, have concealed real estate subject to compulsory execution by means of changing the name of the business owner, etc., and have infringed the Plaintiff’s claim, are jointly and severally liable to pay damages to the Plaintiff KRW 120,00,000 for damages and delay damages.

(b)the return of 1 borrowed money to determine each cause of the claim.

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