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Reasons
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(영문) 서울중앙지방법원 2014.11.28 2013가합46288
대여금 등
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1. The Defendant’s KRW 490,000,000 as well as 5% per annum from June 27, 2013 to November 28, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On July 2, 2012, the Defendant’s letter of payment to the Plaintiff, etc. 1) The Defendant’s letter of payment with the following content (hereinafter “instant letter of payment”).

The amount of the note for payment: KRW 750,000,000 shall be paid from Seocho-gu Seoul Metropolitan Government to borrow KRW 500,000 to purchase land in Seocho-gu, D, E, F, G, and H (six parcels) and shall be paid KRW 250,00,000 with the profit as the Plaintiff’s share. The design cost and construction relationship shall be liable and run by the Defendant. The amount of KRW 500,000 shall be deposited into the Defendant’s account of one bank account number I, and on July 2, 2012, KRW 200,000 was deposited in the Defendant’s account in the Plaintiff’s name.

B. 1) On August 31, 2012, the Defendant issued a written confirmation with respect to the Plaintiff (hereinafter “instant written confirmation”) as follows.

The Defendant prepared and proposed the letter of confirmation. The Defendant received KRW 200 million on July 2, 2012 of the investment amount of KRW 500 million in the letter of payment of this case, and the remaining KRW 300 million was deposited in the passbook on the date of preparation of the letter of confirmation of this case ( August 31, 2012), and deposited KRW 750 million including KRW 50 million in the investment principal and KRW 250 million in the investment principal by April 30, 2013, and deposited KRW 290 million in the Defendant’s account in the Plaintiff’s name on August 31, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 4 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1 is that the Defendant would purchase each land of Seocho-gu Seoul, D, E, F, G, and H to construct multi-household housing on the ground, and that the Defendant would lend KRW 500 million to the Plaintiff at the cost necessary for purchasing each of the above land.

Accordingly, the plaintiff lent KRW 500 million to the defendant, and the defendant in the process of this case to the plaintiff.

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