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(영문) 수원지방법원성남지원 2015.05.28 2014가단1569
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 19, 201, the Defendant sold the same amount of 1,409 square meters (hereinafter “instant land”) to C, etc., the Defendant owned at KRW 1.7 billion.

C constructed a loan on the instant land, and paid 1.6 billion won for the sale price as the sale price, and the Defendant consented that C shall use the instant land prior to the payment of the sale price.

In order to acquire business approval, the land owner shall be fully liable for C, etc., which is the actual owner of E when the defendant takes office for the representative director, and is disadvantageous to the defendant.

The defendant has inevitably taken office as representative director for the acquisition of business approval, but is paid with the agreed land price of KRW 1.7 billion, he/she shall resign from the E representative office.

B. C promoted loan construction under the name of E Co., Ltd. (hereinafter “E”), upon the request of the Defendant, the owner of the instant land, who is the owner of the instant land, for the convenience of authorization and permission, entrusted E’s representative director.

Accordingly, the defendant prepared a written statement of performance with C as follows, and held office for the E representative director on November 2, 201.

A: E (Execution Agency), B: F et al. (investmenter and pelvis constructor), C (Surety)

2. A shall set up a right to collateral security of KRW 1 billion on the land of this case for the purpose of collateral security for the part of the completion of the aggregate construction of Eul's additional completion in addition to KRW 900 million equivalent to KRW 600,000,000,000,000,000.

5.Subject to dividing earnings relating to the project into Gap 40% and Eul 60%, Eul shall invest 600 million won to Gap.

10. Eul's investment funds shall be deposited into the account of Party A designated by Party A, and upon repayment, Party B shall terminate the right of Party B established.

11.B shall pay 300 million won of investment at the same time as the creation of a single-lane collateral security, and 300 million won of investment in the course of a second-lane work.

15.E shall delegate all the powers relating to the construction work (including the contents of this Convention) to C which is the actual contractor and shall be exercised through C and shall be subsequent with respect to the construction work.

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