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(영문) 부산지방법원 2017.01.25 2016가합40180
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 700,000,000 won and each year from January 27, 2016 to January 25, 2017.

Reasons

1. Basic facts

가. 피고 주식회사 B(이하 ‘피고 회사’라고 한다)은 토목건축공사업, 부동산매매 및 임대업 등을 영위하는 회사이다.

B. Defendant C requested the Plaintiff to lend funds necessary for the Defendant Company to purchase 80 apartment houses (hereinafter “instant real estate”) that did not obtain the approval of the use of the land located in Seo-gu, Seoan-gu, Seoan-gu and its ground located on the land from the New Credit Cooperative (hereinafter “the instant real estate”).

C. On June 3, 2014, the Plaintiff received the following loan certificates from the Defendant Company (hereinafter “the instant loan certificates”), and paid KRW 700 million to the Defendant Company. Defendant C guaranteed the Defendant Company’s obligation to the Plaintiff on the instant loan certificates.

If the purchase price of KRW 1,200,000,000,000 per annum of the loan certificate, at the time when the purchase price of KRW 4,50,000,000 ( KRW 4,550,000,000 for the purchase price of the land and building located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and the purchase price of KRW 4,50,00,000 for the purchase price of the land and building at the New Twit-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, the foregoing amount is to be repaid as principal and dividend within 20 days after the completion of the site.

D. On June 11, 2014, the Defendant Company concluded a real estate sales contract with the New Timber Credit Union and Yangcheon Credit Union, but did not acquire the ownership, and on November 26, 2015, the New Timber Credit Union and Yangcheon Credit Union sold the instant real estate to any other person than the Defendant Company and completed the registration of ownership transfer.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary claim made an investment of KRW 70 million in the Defendant Company upon the Defendant C’s request.

The defendant company guaranteed the above KRW 700 million investment income of the above KRW 500 million, and the defendant company also guaranteed the above KRW 500 million.

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