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(영문) 대전지방법원 2017.08.23 2016나110404

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On September 7, 2005, the Plaintiff prepared an agreement execution letter (Evidence 4-2) stating that the Defendant will pay KRW 5 million to the Plaintiff, among the land and its ground buildings owned by the Plaintiff and the Defendant, the share of KRW 1,938 square meters in Jin-gu, Daejeon-gu, Daejeon-gu and the Defendant owned in share of KRW 970/1938, C, 690/1938, and D 278/1938, and the Defendant 152/302, C, 107/302, and D 43/302, and each share of the Defendant’s ownership among the shares of KRW 602, Kin-gu, Daejeon-gu, the Plaintiff exchanged between the Defendant and the Defendant until January 30, 2006.

(A) On March 23, 2006, the Plaintiff drafted an agreement between the Defendant, C, and D on March 23, 2006 to exchange all shares owned by the Defendant’s owner of 1/2, C, and D (Evidence 4-1 of the evidence attached to the evidence attached to the evidence attached to the Plaintiff, among three F Loans (G, H, I, hereinafter “instant loan three”) in Jung-gu, Daejeon, Daejeon, and 1,938 square meters of J-gu, Daejeon, and 602 square meters of K forest and 602 square meters of the aforesaid agreement.

(2) The terms and conditions of the exchange agreement under the foregoing agreement are as follows: (a) the exchange agreement under the foregoing agreement refers to the “second exchange agreement”; and (b) the sum of the two exchange agreements is “each of the instant exchange agreements” (hereinafter “each of the instant exchange agreements”).

① The Plaintiff shall pay 9 million won and 3 bonds borrowed from the Plaintiff.

(2) If the transfer of ownership and the transfer of ownership are not to be made at the same time to a designated person at the same time (where provisional seizure is not cancelled, etc.), the additional settlement of payment may be made in cash in addition to KRW 18 million.

(A) (3) The defendant shall dispose of 3 loans and pay C KRW 41.6 million to C.

(2) On April 7, 2006, the Defendant requested the Plaintiff to pay KRW 80 million for the lease deposit of 3 loans borrowed from the instant loan, and the Plaintiff paid KRW 80 million to the Defendant on April 7, 2006.

[Reasons for Recognition] The defendant's merits are the facts without dispute, Gap's evidence Nos. 2, 4, and 13 (including each number; hereinafter the same shall apply), the whole pleadings.