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(영문) 부산고등법원 2013.12.24 2013나3453
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and all of the plaintiff's claims corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant: (a) purchase of land and construction of factories and ownership registration 1) around July 2007; and (b) the Plaintiff and the Defendant purchased KRW 5,18 square meters of land in Ulsan-gun, Ulsan-gun, Ulsan-gun, and KRW 3,381 square meters of D forest and KRW 681,660,000; and (c) 45/100 of the shares of each of the above lands shall be the Plaintiff’s future; and (d) 5/100 of the remainder shall be the Defendant’s future completion of the registration of ownership transfer. Each of the above lands shall be the land in Ulsan-gun, Ulsan-gun, and KRW 5,514 square meters (hereinafter “instant land”).

(2) The Plaintiff and the Defendant: (a) laid up the 1st floor 98.88 square meters of general steel structure, the 990 square meters of general steel structure, and the 2nd floor 96.6 square meters of 2nd floor (hereinafter “instant factory”) in the instant land by bringing the construction cost of KRW 490,000,000 on the instant land; and (b) completed the registration of ownership preservation in the future of the Defendant on January 31, 2008.

3) The Defendant borrowed KRW 1,170,000,000 from the Busan Bank on the security of each of the above land and the factory of this case as the obligor in order to raise the purchase fund of the land mentioned in the above 1) and the construction cost of the factory of this case.

4) Meanwhile, while the Plaintiff agreed to acquire shares of 45% for the instant land and factory between the Defendant and the Defendant, the Plaintiff failed to prepare such funds, calculated the Plaintiff’s charges corresponding to the Plaintiff’s above shares as KRW 600,000,000, and disposed of as borrowing them from the Defendant (hereinafter the above KRW 600,000,000 as the “first rent”).

B. The Plaintiff borrowed new shares from E on October 29, 2007 (hereinafter “Nonindicted Company”)

(1) KRW 138,00,000 (hereinafter “the second amount”) from the Defendant to be used for the subscription price for new shares

B. A loan was borrowed.

C. On November 12, 2007 between the Plaintiff and the Defendant, the Plaintiff, as the obligor, entered into this contract with respect to the loan amount of KRW 738,00,000 incurred on October 31, 2007, due date for repayment of 31 December 31, 2008, interest rate or delay interest rate of KRW 7% on December 31, 2008, and this agreement.

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