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(영문) 서울중앙지방법원 2018.11.28 2018나717
계약금반환 등
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the plaintiff's claims against the above revocation.

Reasons

1. Basic facts

A. The contract between Defendant C (State) and Nonparty L (State) 1) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

) The Gangnam-gu Seoul E and F (hereinafter referred to as the “instant tenement house”) is located in the E and F.

(2) On March 12, 2015, the Plaintiff’s representative director is a non-party L Co., Ltd. (hereinafter “non-party Co., Ltd.”) that was promoted as an executor of the reconstruction project.

between the non-party company and the non-party company participated in the project site of this case and the reconstruction project of the size of 12 households on the ground and 8th floor above the ground (hereinafter referred to as "the reconstruction project of this case") is the reconstruction project of this case.

(A) the agreement to promote the reconstruction project, and the agreement to undertake the reconstruction project (hereinafter referred to as “the agreement”) is called the instant construction agreement:

5. The non-party company shall pay the down payment for the cost of purchasing real estate for one household within the business area to ensure the prompt operation of the business. The non-party company shall pay the down payment for the cost of purchasing real estate for one household within the business area and make the repayment to KRW 250,000,000 as the project cost, including the down payment for one household purchase, and the authorization and permission cost, and the repayment shall be KRW 300,000,000 (the loan shall be paid KRW 150,000 at the time of the execution of indirect costs, such as all kinds of expenses for promoting the business, and the balance shall be KRW 150,00,000 at the time of settlement of the business.

(2) On the same day, the Defendant Company and the Nonparty Company drafted a monetary loan agreement for consumption (hereinafter “instant monetary loan agreement”) with respect to KRW 250,000,000 for loans by embodying Paragraph (5) of the instant construction agreement, as follows.

Article 1 (Lending Amount and Lending Method)

1. The sum of the loans that the non-party company lends to the defendant company shall be KRW 250,000,000.

2. The amount of the above loan shall be the amount used only as the operating fee for the business of the reconstruction project of this case (related to building permission and the purchase fee for one household).

Article 2 (Period of Lease)

1. The lending period is from the lending date to the settlement of the project of the reconstruction project.

2...

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