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(영문) 수원지방법원 2014.12.26 2014가합66126
대여금
Text

1. The defendant,

A. The Plaintiff A’s KRW 248,00,000 and the annual rate of KRW 5% from March 15, 2008 to December 26, 2014; and

Reasons

1. On May 18, 2005, Plaintiff A agreed to receive KRW 650 million in total of the principal and interest until November 18, 2005 when lending KRW 500 million to the Defendant on or around May 18, 2005. Plaintiff B also loaned KRW 480 million to the Defendant on or around May 18, 2005, and agreed to receive KRW 624 billion in total of the principal and interest until November 18, 2005, and there is no dispute between the parties. Plaintiff A has been paid KRW 352 million in total from the Defendant; Plaintiff B has been paid KRW 434 billion in total from the Plaintiff; Plaintiff B has been paid KRW 460 million in total to the Plaintiff (i.e., the above KRW 68 million in total and KRW 400 million in total); and barring any special circumstance, the Defendant is obligated to pay KRW 400 million in total to the Plaintiff.3 billion in total and KRW 400 million in total (i.6 billion in total).

2. The defendant's assertion and judgment

A. Defendant’s assertion 1) In addition to the amount that Plaintiff A was paid, the Defendant paid to Plaintiff A a total of KRW 30 million on June 24, 2008, and KRW 50 million on December 5, 2008.2) The Defendant invested the amount borrowed from the Plaintiffs in the commercial building in Gangdong-gu Seoul Metropolitan Government D Apartment, but the amount of investment was not smooth, and Nonparty D&S Development Co., Ltd made an investment in the commercial building in Songpa-gu Seoul Metropolitan Government E&S Development Co., Ltd., but did not facilitate the collection of the investment amount, and this situation was frank down to the Plaintiffs.

The plaintiffs agreed to purchase the above E-commercial building 113 that the defendant would purchase on behalf of the defendant, and the plaintiffs entered into a contract with D&S Development Co., Ltd. and the above E-commercial building 113 on June 11, 2008 on the purchase price of KRW 1.5 billion for the above E-commercial building 113, and agreed to offset the above payment of KRW 500 million against the above remaining claims against the defendant.

Therefore, the remaining loans owed by the plaintiffs against the defendant are as above.

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