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(영문) 대전지방법원천안지원 2014.02.18 2013가합2934
대여금 및 구상금
Text

1. The Plaintiff, Defendant B, and the amount of KRW 444,826,689, and KRW 250,000 among them, shall be the year from May 11, 2013 to the date of full payment.

Reasons

Basic Facts

On March 31, 2004, the Plaintiff and Defendant B jointly purchased the land at KRW 1,302 square meters and E 2,707 square meters (hereinafter “F land”) at KRW 200,000,000, with the Plaintiff’s burden of KRW 50,000,000 and Defendant B’s burden of KRW 150,000,000 each, and jointly purchased the land at KRW 1,302 square meters and E 2,707 square meters (hereinafter “F land”), and completed the registration of ownership transfer on April 2, 2004.

On September 21, 2004, the Plaintiff and Defendant B decided to jointly purchase the land and distribute the proceeds from resale at the investment ratio. On September 21, 2004, the Plaintiff purchased 240,000,000 square meters of G forest land at KRW 4,959 square meters (hereinafter “instant forest”) at KRW 240,00,000 in the price, and jointly completed the registration for the transfer of ownership on October 19, 2004.

On September 6, 2006, Defendant B created a right to collateral security of F land and the forest of this case with the joint collateral amount of KRW 280,000,000,000 from the above loans, and Defendant B invested KRW 50,000,000 from the above loans, and Defendant B invested KRW 150,000,000 from the above loans in a mutual wedding project.

Of these, Defendant B, who was appointed as the representative of the “Kwa Holdings” (hereinafter “instant wedding”) in Jongno-gu Seoul District Court, was operating the instant wedding, and the Plaintiff recovered KRW 50,000,000 that invested in Iwa and invested in the instant wedding business.

On March 13, 2007, the Plaintiff set up a right to collateral security of KRW 260,000,000 with respect to the land owned by Nonparty L, and granted KRW 200,000,000 to Defendant B on the 15th of the same month and the 16th of the same month.

In addition, on March 26, 2007, the Plaintiff and Defendant B drafted a share agreement in which the Plaintiff invested KRW 250,000,000 in the instant wedding business of Defendant B, and the Defendant.

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