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(영문) 수원지방법원 2020.09.16 2019가합27164
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 3,00,000,000 on the Plaintiff and as a result, from December 31, 2014 to September 16, 2020.

Reasons

1. Basic facts

A. On December 30, 2014, the Plaintiff entered into an agreement on loans and investment (hereinafter “instant agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) regarding the sales hotel development project in Cheongju-si (hereinafter “instant business”). Defendant C jointly and severally guaranteed the Defendant Company’s obligations.

The business method of Article 2 of the Loan and Investment Agreement shall complete the construction deliberation and construction permission that the defendant company intends to promote the business as a hotel in lots, promote the business in the form of land trust with E (State) and E (State) after the conclusion of this Agreement, and make the trust registration in E (State) after the conclusion of this Agreement, and is scheduled to sell in lots on March 2015. The plaintiff shall make an investment of KRW 3 billion in relation to the business, and shall execute the loan and investment money as expenses for cancellation of collateral security in accordance with the purpose of Article 4, at the date of the conclusion of the loan and investment agreement.

Article 4 (Use, etc. of Loans and Investment Funds) ① Defendant Company shall use funds borrowed and invested by the Plaintiff only for purposes related to the business, such as transfer of ownership in the business site, creation and cancellation of collateral mortgages for registration of trust, etc.

Article 5 (Repayment of Loans and Investment Funds and Distribution of Proceeds (1) The Plaintiff and the Defendant Company concluded this loan and investment arrangements on the premise that the project is carried out in the form of land trust for the loan type, and are fully aware of the loan type land trust business, and matters concerning the progress and distribution of the business shall be governed by the land trust agreement and the business agreement entered into with the Defendant Company E (State) and shall compensate for the loss if the failure occurs due to non- cooperation or interference with the Defendant Company.

(2) In principle, the defendant company shall pay the principal and interest of loan and investment profits of the plaintiff as a result of earnings accrued from the progress of this business, and shall pay the principal and interest of loan and investments.

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