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(영문) 서울서부지방법원 2016.05.27 2015나2854

청구이의

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s claim against the Plaintiff for reimbursement against the Seoul Western District Court 201 tea37.

Reasons

1. Facts of recognition;

A. Six members of the Plaintiff’s husband, such as C, E, M, N, B, and F (hereinafter “instant joint business operators”), purchased a building located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant building”) and agreed to promote rental business on January 26, 2006, and C signed a sales contract with G to purchase the instant building on behalf of the joint business operators of the instant case at a total of 4.5 billion won (the contract amount of KRW 2.5 million, the balance of KRW 4.5 million, the remainder of KRW 4.5 billion, and the remainder payment period of February 28, 2006) (Evidence evidence 10).

B. In the course of the purchase of the instant building, joint business operators received a loan from the Jinjin Livestock Industry Cooperatives to raise funds for purchase. During the instant process, N among joint business operators of the instant case demanded to exclude the loan owner from the loan owner due to personal reasons, and the Defendant also demanded to reduce the rate.

Accordingly, among joint business operators of this case, the Plaintiff, the spouse of C, E, Defendant and M, and C (hereinafter “the purchaser of this case”), among joint business operators of this case, was to receive a loan from the Siljin Livestock Industry Cooperative under the name of the Plaintiff (hereinafter “the purchaser of this case”).

C. On February 3, 2006, the instant purchaser drafted a sales contract regarding Nos. 101, 102, 103, 104, 105, 106, 107, 201, 301, 302, 303, and 401 of the instant building between G and G.

Since it is possible to grant loans only more than the amount originally anticipated in the course of lending consultation with the Jinjin Livestock Industry Cooperatives, C agreed on February 22, 2006 to pay 3 billion won out of the balance with G on March 3, 2006, and to take over the obligation to refund the deposit deposit of the lessee of the building of this case, and to issue a promissory note as of May 31, 2006 on the payment date on May 31, 2006.

E. The instant joint business operators did not receive the final balance of KRW 590 million from G.