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Reasons
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(영문) 대구지방법원 2016.09.02 2014가단43912
대여금
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1. The Defendants jointly share KRW 56,564,020 with respect to the Plaintiff and KRW 20% per annum from December 7, 2014 to September 30, 2015.

Reasons

1. Facts of recognition;

A. Based on Defendant C, Defendant B purchased land in the name of Defendant C and Defendant D’s mother, the Defendants purchased it in the name of Defendant C, sold it to others by dividing it, and jointly run the business of constructing a factory on the divided land and selling it to the landowner.

B. On April 24, 2013, the Plaintiff, at the request of the Defendants, remitted KRW 10,000,000 to Defendant D’s account; KRW 5,000,000 to Defendant C’s account on October 10 of the same year; KRW 40,000,000 to Defendant C’s account on October 18 of the same month; and KRW 4,000,000 to Defendant C’s account on April 23, 201; and lent KRW 59,00,000 to the Defendants.

C. On May 31, 2013, the Plaintiff purchased 358 square meters from May 31, 2013 from the Defendants (a seller’s agent under the contract) and (b) the Defendants were allowed to move into a factory building of 143 square meters on the above land to November 30, 201, and (c) the Plaintiff was divided into F orchard 1192 cubic meters, G orchard 730 cubic meters, H orchard 2092 meters, and the said H was divided into 617 cubic meters, and the said I was divided into 173 cubic meters, and the G 173 cubic meters was divided into 358 square meters. The Defendants were entitled to complete payment of KRW 480,00 on the basis of the total purchase price of the above land and the construction price of the new building; and (d) the Plaintiff paid the Defendants the remainder to the Plaintiff up to 300,000,300 square meters on the date of delivery; and

On July 1, 2013, the Plaintiff: (a) the Defendants (Defendant C and the seller’s agent under the contract) and (b) reduces the price of land sale and the price of new construction of a factory to KRW 430,000,000; and (b) the scheduled date of occupancy of a new factory building to September 30, 2013; and (c) the Plaintiff is a land sale price and factory building.

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