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1. As to the Plaintiff’s KRW 620,000,000 and KRW 400,000,000 among them, Defendant Boh Auction Korea Co., Ltd. shall be liable to the Plaintiff on December 2, 2013.
Reasons
1. Facts of recognition;
A. On October 14, 2013, the Plaintiff prepared an investment contract stating that “The Defendants shall immediately return the said KRW 300 million to the Plaintiff and pay KRW 500 million to the Plaintiff KRW 300,000,000,000,000 including the said KRW 300,000,000,000 to the Plaintiff by December 15, 2013, as part of the purchase price of the goods to be knocked, in the case of the auction of D Real Estate in Busan District Court Branch D (hereinafter “instant auction”); and the Defendants shall return the said KRW 30,000,000 to the Plaintiff by December 15, 2013.
(hereinafter referred to as the “instant agreement”). B.
Pursuant to the instant agreement, on October 14, 2013, the Defendants issued promissory notes with face value of KRW 400 million, and the due date of December 14, 2013, and prepared and delivered a notarial deed thereon. The Plaintiff paid KRW 300 million to the Defendants’ side on October 15, 2013.
C. The Plaintiff additionally deposited and lent KRW 200 million on December 11, 2013, and KRW 20 million on December 12, 2013, respectively, to the account in the name of Defendant Bobane Korea Co., Ltd. (hereinafter “Defendant Bobane Korea”).
(3) The court below held that the amount of the above money deposited in Korea is the amount of investment, but in full view of the facts stated in Paragraph (d) and the fact that the above money was deposited in the account in the name of Defendant Bohovas Korea, the above money is a loan to Defendant Bohovas Korea. hereinafter the above money is the total amount of KRW 220 million,00,000,000 won.
The written contract made on December 10, 2013 between the Plaintiff and Defendant Bohion Korea includes the content on the payment of KRW 400 million under the instant agreement, the content that the Plaintiff additionally lends KRW 200 million to Defendant Bohion Korea, and the content on the business operation of the Plaintiff with 30% equity interest in the Defendant Bohion Korea.
E. The Defendants’ side is an auction at the instant auction.