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(영문) 창원지방법원 2019.11.14 2019가합53979
대여금
Text

1. The defendant shall pay 400,000,000 won to the plaintiff and 12% per annum from August 6, 2019 to the day of complete payment.

Reasons

1. Facts recognized;

A. The Defendant purchased the answer 20,990 square meters in Changwon-si, Changwon-si and promoted the business of newly building and selling a house on the ground. The Plaintiff paid the Defendant KRW 36 million in total with the investment money for the housing sales business as the investment money for the housing sales business.

On June 15, 2015, the Plaintiff and the Defendant drafted an investment share contract stating that “the Defendant shall pay all proceeds and the amount invested to the Plaintiff by November 30, 2015 after the sale of housing.”

Amount of debt: 400 million won principal will be paid in full due to the shortage of the debtor's repayment in the event of the settlement of the obligation under the land sale or purchase and sale, or due to the shortage of the debtor's repayment.

b. Article 1 (Purpose) (1) The Plaintiff prepared a share investment contract for the construction of a new housing complex (the lot number before subdivision) for the purpose of equity investment shares, and remitted the following amounts to the Plaintiff, but did not comply with the payment deadline re-established several times on the grounds of the Defendant’s delay in construction, although the Plaintiff was to receive principal and investment profits until November 30, 2015, but did not comply with the said notarial deed.

The defendant borrowed the following amount, which is the interest of principal, investment return, and principal (the period delayed in payment from December 2015, the amount of KRW 1.2 million per month).

All of these obligations shall be the principal (406,200,000) of the obligations.

After the end of November 2015, the debt repayment period was delayed, and the land sale and purchase contract was concluded on April 30, 2017 as a condition for the debt repayment, the land sale and purchase contract shall be prepared in addition to this process document.

Article 2 (Period and Method of Performance) The full amount of debt shall be repaid by April 30, 2017.

The method of repayment shall be the remainder payment of a land sales contract attached until April 30, 2017 and shall be the full payment at the time of the payment of the remainder.

Any balance shall be repaid even before the payment date of the sales contract is made.

Article 3 (Interest) No interest in arrears shall accrue until April 30, 2017, the repayment date of the investment share contract.

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