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(영문) 서울중앙지방법원 2014.04.11 2013가합64354

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 21, 2008, the Plaintiff’s assertion (formerly: C) provided the Defendant with KRW 1.1 billion as business funds from October 21, 2008 (hereinafter “instant agreement”).

On October 23, 2008, in order to secure the claim for the return of investment amount of KRW 1.1 billion under the instant agreement, the Plaintiff completed the registration of creation of each neighboring mortgage with the debtor, the mortgagee, the plaintiff, and the maximum debt amount of KRW 900 million in Seongdong-gu Seoul, Seoul, which is owned by the defendant, and the registration of creation of a neighboring mortgage with the debtor, the mortgagee, the plaintiff, and the maximum debt amount of KRW 1.1 billion in Seoul, Gwanak-gu, Seoul, with respect to the first floor No. 102, the Plaintiff completed the registration of creation of a neighboring mortgage with the debtor, the mortgagee

On May 201, the Plaintiff sold No. 102 of the Seoul Gwanak-gu, Seoul Special Metropolitan City E, and paid KRW 200 million upon receipt of the purchase price. First, upon requesting the cancellation of the registration of the establishment of the creation of the creation of the instant neighboring E, the Plaintiff cancelled the registration of the establishment of the creation of the instant neighboring E, and the Defendant did not pay the said KRW 200 million up to now.

Therefore, the Defendant is obligated to pay to the Plaintiff the loans of KRW 20 million and KRW 11,00,000 as of July 4, 2003, ② loans of KRW 25,00,000 as of March 31, 200, ③ loans of KRW 14,369,00 as of June 3, 2010, and KRW 250,369,00 as well as damages for delay.

2. According to the overall purport of Gap evidence Nos. 1, 3-2, 3-1, and 4-1, and 2-2 of Gap evidence Nos. 1, 3-2, and Gap evidence Nos. 4-1, and 4-2, the plaintiff was found to have made the registration of establishment of this case's neighboring political party as to No. 102 of the above Gwanak-gu Seoul Special Metropolitan City Ethy No. 102, Oct. 23, 2008, the plaintiff was found to have made the registration of establishment of the party's right on July 4, 2003, the plaintiff was 25,000,000 won on March 31, 2004, and the total amount of KRW 14,369,000 on Jun. 31, 2010, but on the other hand, the plaintiff was deemed to have deposited the defendant's account under the name of the defendant.