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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Basic facts
A. B is a company established for a building project and a housing project. The defendant is the representative director of B, H served from around 2004 to December 201, and I worked as the head of B and was in charge of the sales agency business of the building that B and the sales agency business of the building that B newly built.
B. From October 2010, B performed a business of newly constructing and selling E-building, which is a neighborhood living facility with a total of 33 households, underground floors, 5 stories, and a total of 33 households, from around 764 square meters in Do-si, Gun-si (hereinafter “the primary business”). (c) The Defendant promoted a new urban living house (hereinafter “the secondary business”) in the above E-building at around October 201, even though the entire store of the building was not sold in lots at around 201, it was sold at a price lower than the market price by I. As such, “the land in this case was sold at a lower price than the market price.”
The Plaintiff entered into a loan agreement with B on February 9, 2012, which was in progress of the second business, and remitted KRW 100 million to the account in the name of B.
1. The Plaintiff is to borrow KRW 100 million to B.
In February 9, 2012, the deposit will be made to B accounts (Seoul Bank G).
2. B sets the interest on the loan at 36% per annum (one month interest of KRW 3 million) and shall pay interest on the nine day per month to the Plaintiff.
3. The date of the repayment agreement shall be determined on May 9, 2012 (three months), and the extension of the loan period thereafter may be adjusted in consultation with each other.
E. On May 17, 2012, the Plaintiff entered into an agreement with B with the following content (hereinafter “instant agreement”), and transferred KRW 150 million to the account under B’s name on the same day.
Medical title: 108, 108, 108, 1st floor of the facility near the Sinsan City F (Scheduled)
1. On May 17, 2012, the Plaintiff entered into an advance reservation agreement with B, and only 50,000,000 won.