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(영문) 수원지방법원성남지원 2014.07.17 2012가합10207
대여금
Text

1. The Plaintiff, Defendant A, and Defendant A, Defendant A, and Defendant School Foundation B, as Defendant A and each of the above 400,000,000 won, respectively, 272,000,000.

Reasons

1. Basic facts

A. Defendant A’s founder and actual operator. Defendant A’s Dong C, the chief director of the Defendant Educational Foundation B (hereinafter “Defendant Educational Foundation”), obtained a construction permit and permission for conversion of mountainous district (hereinafter “instant construction permit”) for the purpose of constructing welfare facilities for senior citizens with respect to the size of 12,397 square meters for 12,000 square meters of land, e.g., e., e., the e., the e., the e., the e., the instant

B. On August 2, 2010, the Defendant Corporation awarded a contract for construction to F on behalf of E to the construction cost of KRW 12,009,690,000, and the construction period from August 5, 2010 to June 30, 201. At that time, E loaned KRW 400 million in relation to the above construction to Defendant A.

C. However, on September 27, 2010, the friendliness market issued a prior notice that the instant building permit was revoked to the Defendant corporation and issued a disposition to revoke the instant building permit on October 26, 2010.

On the other hand, E, who did not prepare KRW 400 million, proposed that the Plaintiff succeed to the said construction contract, and on December 1, 2010, Defendant A and the Plaintiff, who represented the Defendant Corporation, agreed to succeed to the said construction contract and to lend KRW 400 million to Defendant A.

On the same day, the Plaintiff remitted KRW 32 million to the H’s account of the head of the administrative office of the Defendant corporation designated by Defendant A, and transferred KRW 368 million to the said H’s account on December 9, 2010.

E. On December 9, 2010, Defendant A issued a receipt for the said KRW 400 million to the Plaintiff. On the same day, Defendant A entered into a contract for the new construction of a G convalescent hospital with the Plaintiff by November 30, 201, whose contractor changed from F to Plaintiff on behalf of the Defendant Corporation, and entered into a contract with the Plaintiff for new construction of a G convalescent hospital with the contractor changed from F to Plaintiff. However, the contract date was retroactively written on August 2, 2010.

F. The Plaintiff became aware that the instant building permit was already revoked, and as to the revocation of the instant building permit on December 20, 2010 by Defendant A and the Plaintiff.

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