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(영문) 광주지방법원 2018.08.14 2017가단529811
대여금
Text

1. As to the Plaintiff’s KRW 57,881,505 and KRW 55,00,00 among them, Defendant B’s year from May 1, 2018 to August 14, 2018.

Reasons

1. Determination as to the claim against the defendant B

A. Basic facts 1) The Plaintiff can be viewed as having profits by purchasing real estate at a low price at Defendant B’s low price and selling it at a high price, and the Plaintiff concluded an investment agreement with the Defendant on July 9, 2015, as follows: (a) the sum of KRW 15 million on June 15, 2015 and June 17, 2015; (b) KRW 50 million on July 9, 2015; and (c) around July 27, 2017; and (d) the Plaintiff and Defendant B paid KRW 75 million in total as investments.

(1) The Plaintiff is obliged to pay to the Plaintiff KRW 75 million of the invested principal and KRW 25 million of the revenues by July 9, 2016.

② Where Defendant B violates the due date for the return of investment proceeds, he/she shall pay interest calculated at the statutory rate from July 9, 2015 to the date of full payment, and shall pay damages for delay calculated at the statutory rate as to the total amount of principal and interest along with KRW 100 million.

3) After that, Defendant B failed to return the investment amount to the Plaintiff by February 2017, and upon the Plaintiff’s continued to request the return of the investment amount, Defendant B issued the “certificate of Refund of the Investment Amount” (Evidence A3) prepared as follows on March 1, 2017, and on the same day, Defendant C limited liability company (hereinafter “Defendant C”).

) Nonparty D, and E jointly and severally guaranteed the Defendant B’s obligation to the Plaintiff under the said loan repayment certificate (hereinafter “instant secondary loan agreement”);

On March 31, 2017, which is KRW 50 million among the following contents, “the first due date” and “the second due date” on April 30, 2017, which is KRW 25 million.

In order to return to the Plaintiff KRW 50 million until March 31, 2017, the Defendant B, who received apartment and commercial building investment funds, shall return to the Plaintiff KRW 75 million, and the KRW 25 million shall be returned until April 30, 2017.

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