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(영문) 대구지방법원 2016.01.14 2015나11869

대여금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 2, 2004, the Plaintiff prepared a loan certificate stating that “the Plaintiff shall borrow KRW 25 million without interest and pay it at the time of a normal trade of 5562m2m2 in C forest land owned by the Defendant at the time of the residence of the Defendant (hereinafter “the instant loan certificate”) and delivered it to the Plaintiff.”

B. After the completion of the instant loan certificate, the Defendant: (a) sold the land of E, F, G, H, and J to N on November 29, 2012, on the land of E, F, G, H, H, and J on the land of E, G, H, H, and J in a permanent residence after the completion of the instant loan certificate; (b) the Defendant completed the registration of ownership transfer after selling each of the land of E, E, and H to M on November 2, 2012, for M, on November 2, 2012, and completing the registration of ownership transfer after selling each of the land of E, E, and H to N on November 5, 2014.

C. On September 25, 1998, the notarial deed prepared between the plaintiff and the defendant et al. before the drawing up of the loan certificate of this case and the defendant 1) that "the defendant approved that the notary public borrowed KRW 60 million from the plaintiff on May 8, 1997, the defendant borrowed from the plaintiff on May 8, 1997, and paid the above KRW 20 million in installments three times from May 8, 2001 to December 30, 2002, and provided the above KRW 562m2 as a transfer security" (hereinafter referred to as "notarial deed of this case").

2) The Plaintiff, after drawing up the instant notarial deed, promised to Q to receive KRW 60 million as stated in the instant notarial deed from the Defendant’s East Q after drawing up the instant notarial deed.

'' has written and drawn up a letter of contents.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 made a loan to the Defendant several times from 1995 on a monthly interest rate of 2%. The Plaintiff’s non-paid principal amounted to KRW 30 million, interest rate of KRW 30 million, and KRW 30 million. The Defendant’s Dong Q received interest amounting to KRW 30 million.