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(영문) 수원지방법원 평택지원 2018.11.23 2018가단55911
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The related plaintiff between the parties is a corporation that operates the manufacture and sales business of the Class A, the defendant is a representative director of the Dispute Resolution Co., Ltd., who operates the land development project, and the non-party D is a person who operates the land development project, etc. as a senior partnership with the defendant, and operates the land development project, etc.

On the other hand, while the plaintiff's representative director F discovered the plaintiff's factory relocation site, he became aware of D through the non-party G around spring in 2017, and he became aware of D's introduction around June 2017.

B. Around spring around 2017, the Plaintiff requested the representative director F of the Plaintiff to purchase approximately KRW 8,000 square meters (hereinafter “instant project site”) in 8 parcels, such as the wife population H, and to provide funds of KRW 100 million to promote land development projects by purchasing approximately 8,00 square meters (hereinafter “instant project site”) together with the Defendant, and the Plaintiff accepted such request.

Around June 26, 2017, D and the Defendant concluded a contract under the name of the Defendant to purchase the instant project site from the owner of the instant project site (hereinafter referred to as “sale contract for the instant project site”) with the total purchase price of KRW 2.15 million (250 million out of the contract deposit of KRW 750,000,000,000 on June 26, 2017; the second down payment of KRW 50,000 on the day June 26, 2017; and the second down payment of KRW 50,000 on October 20, 2017; and the remainder of KRW 1.40 million on October 30, 2017) (hereinafter referred to as “sale contract for the instant project site”).

(1) On the other hand, at around June 26, 2017, the day of the above sales contract, the Plaintiff entered into a land purchase and sale contract and a contract for factory construction (hereinafter “instant sales contract”) with D and G, the Defendant, in the presence of D and G, about KRW 4,000 to KRW 5,00,00 in the instant project site, and KRW 6.5 million in the cost of construction of a factory, KRW 2,00,000 in the cost of construction of a factory, KRW 2,000 in the average, office and dormitory, and KRW 100,000 in the cost of construction of a factory, and transferred the down payment to the account in the Defendant’s personal name on the same day, and the Defendant added KRW 100,000 in the aggregate transferred by the Plaintiff to the landowner on the same day.

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