판매대금 등 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Of the money loaned by the Plaintiff to the Defendant in 2011, the part relating to the instant case is indicated in the following table:
on a net basis (won) 1
3. 28 30,000,000 2
4. 18.100,000,000 3
4. 50,000,000 4
5,000,000 5
6. 13. 100,000,000
6. 13.100,000,000
6. 55,000,000
B. On May 30, 2011, the Plaintiff leased KRW 195 million (i.e., KRW 150 million) to the Defendant on four occasions, such as the foregoing Nos. 1 through 4 (i.e., KRW 150 million) and kept “C” owned by the Defendant from the Defendant (hereinafter “C” on the can bus, KRW 290 x 233 cm,”) as a collateral for a loan obligation.
C. On August 9, 2011, the Defendant transferred the instant forest from the Plaintiff and sold it to another KRW 370 million on the end of the same month, and paid KRW 10 million out of the price to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 (including branch numbers, if any), 6, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion (1) The Defendant requested the Plaintiff to further lend KRW 250 million on June 11, 201, while borrowing KRW 195 million from the Plaintiff as above.
(2) On June 13, 2011, the Defendant: (a) re-taking the Plaintiff that it was difficult for the Plaintiff to pay in kind the instant forest to the Plaintiff; (b) if so, the Defendant would have sold a lot of benefits that the Defendant was responsible for the Defendant; and (c) agreed to additionally transfer the ownership of the instant forest to the Plaintiff as payment in kind for the loan obligations worth KRW 250 million out of KRW 2500,000,000,000,000, which is KRW 500,000,000,000,000 to the Plaintiff; and (d) additionally wired KRW 255,50,000,000,000 as indicated in [Attachment 5
(3) On August 9, 2011, the defendant, on consignment, shall serve as the period for the consignment sale, and the above.
1.(c)
As stated in paragraph (1), the forest of this case was sold after bringing about it.