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(영문) 서울북부지방법원 2016.02.17 2014가합3775
대여금
Text

1. Defendant B’s KRW 100,000,000 as well as 5% per annum from June 21, 2014 to February 17, 2016, and the following:

Reasons

1. Facts of recognition;

A. On April 2012, the Plaintiff solicited the Defendants engaged in the real estate brokerage business to make an investment on April 26, 2012, and delivered KRW 230 million to the Defendants for the investment amount of D 103,000,000,000,000 to the Defendants. The Defendants, on April 27, 2012, remitted the remainder of KRW 200,000,000,000,000 to F through Defendant C (former Name E) (former Name E), which was distributed to the Defendants as the contracting parties, and received receipts for the Plaintiff’s future sales of KRW 103,00,000,000,000,000 from June 20, 2014, the Defendants determined that the sales contract between Defendant C and executive companies was cancelled and returned to the Plaintiff on June 27, 2014, and the Defendants paid KRW 200,000,000 to G27.27.

Since then, at the time of the delay in resale of the commercial building 107, September 28, 2012, which was the first installment payment payment date. Defendant B received KRW 80 million from the Plaintiff on November 6, 2012, and paid KRW 8,150,000 as part of the intermediate payment. On January 2013, 2013, Defendant B sold the right to sell the commercial building to H by maintaining the title of the contract at KRW 243,165,00. However, on December 31, 2013, only KRW 209,660,000, which deducts penalty at KRW 34 million due to the cancellation of the sales contract at the Si event, was returned.

C. On September 20, 2012, the Plaintiff lent KRW 100 million to Defendant B. The Defendants sold the sales rights of the said KRW 100 million and the commercial building No. 107 to H, and the Plaintiff’s understanding that the sum of the remaining KRW 100 million, which was not returned to the Plaintiff, is KRW 200 million.

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