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(영문) 의정부지방법원고양지원 2016.01.28 2014가합6534
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 291,780,821 and KRW 250 million among them from June 2, 2014.

Reasons

1. Facts of recognition;

A. From the beginning of 2012, Defendant B, in collaboration with D (the Plaintiff’s beginning birth) and E (the person who actually operated Defendant C), carried out the business of newly constructing and selling “G stores” (hereinafter “instant commercial building”) on the land outside F and four lots of land in each city in each city (hereinafter “instant business”).

Defendant C is a sales agent of the instant commercial building, and Daedong Construction Co., Ltd. (hereinafter “Dong Construction”) is a construction contractor responsible for the construction of the instant commercial building.

B. (1) Upon receiving a request from D to lend business funds, on December 6, 2012, the Plaintiff transferred KRW 250 million to a single bank account of Taedong Construction. (2) D on December 5, 2012, the following special terms and conditions (No. 2-1) and the commercial supply contract of No. 6-101 and 102 of the instant commercial building (No. 2-2 and 3) with respect to the Plaintiff.

This Agreement shall be made on the condition that D shall borrow KRW 250 million to the Plaintiff, and the period of repayment shall be February 28, 2013, and the contract shall be made within the agreed period and shall be made to transfer its ownership to the Plaintiff by full payment.

Deposits shall be treated as the bank account of the Dong Construction (State).

This Agreement shall become null and void when the above amounts are repaid within the agreed period of time.

"3) On October 22, 2013, D completed the registration of initial ownership relating to Nos. 6, 101, and 102 of the instant commercial building on October 22, 2013, and thereafter completed the registration of initial ownership transfer relating thereto to others. (C) The Defendants around June 2014, completed the registration of initial ownership transfer relating thereto to the Plaintiff. The following special terms (Evidence No. 1) (hereinafter “instant agreement”).

In the case of this case, the commercial supply contract for 3 dong 101 and 102 was prepared and set up.

Article 1:This Agreement is made on condition that the Defendants borrow KRW 250 million to the Plaintiff, and the repayment period will be February 28, 2013, and the said amount will be unpaid within the agreed period.

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