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(영문) 서울남부지방법원 2018.09.04 2018가단207971

대여금

Text

1. The Defendant’s KRW 112,700,000 for the Plaintiff and 5% per annum from January 29, 2015 to March 13, 2018.

Reasons

1. Facts of recognition;

A. On December 2, 2009, the Defendant purchased 1,984 square meters (before subdivision; hereinafter the same shall apply) prior to Chuncheon City D from E, and completed the registration of ownership transfer on December 2, 2009.

B. The Plaintiff was liable for a loan of KRW 110,000 to the Defendant.

On October 19, 2009, the Plaintiff offered apartment units owned by himself as security and borrowed KRW 390,000,000 from the F Union. On October 20, 2009, the Plaintiff paid KRW 385,000,000 to E as the purchase price of the instant land.

C. On December 4, 2009, the Defendant paid KRW 152,300,000 to the Plaintiff on the instant land with the amount of KRW 202,80,000 with the right to collateral security and the maximum debt amount of KRW 202,80,000.

On January 28, 2015, the Defendant remitted KRW 10,000,00 to the account of H, the Plaintiff’s wife, in the name of G, his wife.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that the Plaintiff loaned KRW 385,00,000 to the Defendant for the purchase of the instant land, set off KRW 110,000,000 for the existing loan obligations, and thereafter, received reimbursement of KRW 152,30,000 among the loan.

Since then, the plaintiff requested the defendant to repay the remainder of the loan. On January 28, 2015, the defendant paid KRW 10,000,000 out of the remainder of the loan.

Therefore, the Defendant is liable to pay to the Plaintiff the remainder of KRW 12,700,000 (=385,000,000) - 110,000,000 - 152,300,000 - 10,000,000) and damages for delay.

B. The defendant's assertion is the plaintiff's appearance, and the plaintiff is donated by purchasing the land of this case and allowing the defendant to register the transfer of ownership in order to show that the plaintiff received any help from the defendant.

Therefore, the defendant did not borrow money from the plaintiff.

On January 28, 2015, KRW 10,000,000 was lent to the Plaintiff at the Plaintiff’s request.

C. The Plaintiff’s money to the Defendant.