(영문) 서울남부지방법원 2018.06.12 2017가합107897

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(영문) 서울남부지방법원 2018.06.12 2017가합107897

대여금

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1. The Defendant’s KRW 176,385,328 as well as the Plaintiff’s annual rate from July 31, 2007 to June 12, 2018, and the following.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) promoted the project of constructing an apartment in the form of a regional housing association in Yeongdeungpo-gu Seoul Metropolitan Government D D D (hereinafter “instant project”).

B. On June 12, 2007, the Defendant drafted a cash custody certificate stating that KRW 420 million shall be paid to the Plaintiff and KRW 300 million shall be paid to the Plaintiff by July 25, 2007.

C. On June 19, 2007, the Plaintiff and C were joint buyers, and entered into a sales contract with E, the owner of each of the instant real estate, with respect to the purchase price of KRW 5.03,672 million, and the down payment of KRW 400 million on the date of the contract, the intermediate payment of KRW 2.118,36 million on the date of the contract, and the remainder payment of KRW 2.51,836 million on August 3, 2007, and the remainder of KRW 2.51,836 million on September 20, 2007.

(hereinafter referred to as “the instant sales contract”) D.

On the day of the instant sales contract, the Plaintiff and C paid KRW 50 million to E as a check, and KRW 350 million out of KRW 50 million, the Plaintiff paid the remainder KRW 150 million to C.

E. On June 19, 2007, the Defendant drafted a written confirmation confirming that G paid KRW 350 million in the Plaintiff’s name and KRW 150 million in the name of C representativeF, when paying down payment of KRW 500 million in the purchase price under the instant sales contract.

F. On June 29, 2007, the Defendant received KRW 170 million from the Plaintiff on June 29, 2007, and drafted a cash custody certificate to pay KRW 238 million to the Plaintiff on July 30, 2007 (hereinafter “instant cash custody certificate”).

G. The Plaintiff and C failed to pay the intermediate payment of the instant sales contract. On September 12, 2007, E sent a certificate to the Plaintiff and C to the effect that the instant sales contract would be rescinded, and on September 13, 2007, the Plaintiff and C cancel the instant sales contract to the Plaintiff and C, and the down payment would be KRW 500 million as penalty.

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