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(영문) 수원지방법원 2020.10.28 2019가단554348
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a pre-sale agreement for accord and satisfaction with respect to the loan claims against Defendant B Co., Ltd. (hereinafter “Defendant Company”), and the Defendant Company on July 1, 2013. As to F Buildings F (hereinafter “F Buildings”) located outside and outside and outside 27 lots of land (hereinafter “F Buildings”) constructed by the Defendant Company, the Plaintiff is called “sale contract agreement signed on July 1, 2013” in the following order:

2) The sales price (excluding value-added tax) contract area (4.08.60 million won, 44.08.60 million won, 78.68 Hho 78.68 billion won, 59.16.53 105.69 billion won, 1.4 billion won, 1.49.24 81.37 184.37

B. On January 9, 2015, the Plaintiff prepared a sales contract in which the sale price is KRW 650 million (excluding value-added tax) with respect to F Building I (hereinafter “I”) between the Plaintiff and the Defendant Company, as a pre-sale agreement for payment in lieu of the loan claims against the Defendant Company.

C. On January 9, 2015, the Plaintiff issued and delivered a written confirmation of settlement (hereinafter “instant settlement confirmation”) to the Defendant as follows.

On January 9, 2015, as of January 9, 2015, both loans have been repaid in cash payment and payment in substitutes (Jdong Commercial Building I) and the balance has been agreed on February 28, 2015 to be repaid at KRW 100 million.

G heading and H were changed to the F Building K (hereinafter referred to as the "K").

E. On June 12, 2015, the Plaintiff, as a pre-contract for payment in lieu of the loan claims against the Defendant Company, drafted the following sales contract with respect to K as between D and the Defendant Company.

The exclusive area of KRW 700,000 (excluding value-added tax) 70.76m2, the public area of KRW 64.42m2, the contract area of KRW 135.18m2.

F. Afterward, the Plaintiff completed the registration of ownership transfer concerning I and K.

G. On January 11, 2017, the Plaintiff and the Defendants drafted the following documents:

A.

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