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(영문) 대전지방법원천안지원 2017.05.31 2016가단10892
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Dispute Resolution Co., Ltd. is a company that purchased approximately 100 land of approximately KRW 100,00 in Seosan-si D, and promoted a new business of constructing multi-family housing (hereinafter “instant business”). The plaintiff is the representative director of the Dispute Resolution Co., Ltd.

B. On September 15, 2015, the LAC entered into a real estate consulting service contract with the Defendant, E, etc., setting forth 3% of the total land price (based on the average 2.55 million won) for the purchase of the instant project site as the service cost.

C. On January 25, 2016, the LAC entered into a new service charge of KRW 1 billion on the basis of the service work results conducted until the time of the purchase of the instant project site with the Defendant, E, etc. (F was omitted and G was added).

C. Article 7 of the Aviation Services Agreement provides that “The cost of service shall be KRW 50 million upon completion of the service at 16,580 (excluding H-owned land), and the cost of service shall be paid at 10% upon completion of the service for H-owned land, and the cost of service shall be paid at 50% (including the cost of service on a deposit basis) after payment of the down payment for the land at the time of completion of the service for H-owned land.”

E. On January 23, 2016, the Defendant: (a) incurred expenses to support the Plaintiff’s organization.

Even if it is difficult, five million won is requested to be paid at the expense.

If necessary, the loan certificate will also be sent.

‘A request for payment of money' was made.

F. On January 26, 2016, KRW 5 million was transferred from the Plaintiff’s deposit account to the Defendant’s deposit account (corporate bank account number I), and on February 5, 2016, KRW 35 million was transferred from the Plaintiff’s deposit account to KRW 40 million. The Defendant divided each of the above money into E and other service providers.

G. On the other hand, around February 5, 2016, the Dispute Resolution Co., Ltd. transferred the right to the instant project to the Bank Co., Ltd.

[Ground of recognition] Evidence Nos. 1-1, 2, Gap evidence Nos. 7, 11, Eul evidence Nos. 1 and 2, Eul evidence Nos. 3-1 through 6, and the purport of the whole pleadings.

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