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(영문) 서울북부지방법원 2020.04.23 2018나38711

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The plaintiff is a provisional payment to the defendant.

Reasons

1. Facts of recognition;

A. On November 13, 2012, the Defendant filed an application for compulsory auction against the second floor of a building located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant real estate”) located in Dongdaemun-gu, Seoul, to the Seoul Northern District Court G for the compulsory auction on the second floor of the building located in Dongdaemun-gu, Seoul (hereinafter “instant real estate”) in order to obtain a refund of KRW 35 million from the lessee of the second floor of the building located in Dongdaemun-gu, Seoul (hereinafter “instant real estate”), which was owned by the Defendant, and entered into the said auction procedure. Upon the commencement of the auction procedure, the Defendant introduced C from Doz in order to seek a supply for resolving the said auction issue, and traded the money with the Plaintiff three times as described in the following (c).

B. C is a person who operates a release on bail with the trade name of Dongdaemun-gu Seoul Metropolitan Government “J” and is able to provide a reliable physical security, such as a collateral security, so that a monetary loan is made in his/her own name or the name of the Plaintiff. However, H also set up the collateral security on real estate (Seoul Dongdaemun-gu L Site and Building) owned by himself/herself in K and the Plaintiff in the future, while engaging in money borrowed transactions in 2008 and 2012 respectively.

C. (1) On three occasions, the Defendant borrowed money from a certified judicial scrivener office designated by C on March 22, 2013 (the borrowed money amounting to 45 million won, the creditor, the creditor, the interest rate of 2% per month, and hereinafter referred to as “the first loan”).

(B) The loan was not directly paid to the Defendant, but was paid by a certified judicial scrivener, etc. designated by C, etc. on behalf of the Defendant and the said compulsory auction was withdrawn on March 26, 2013, in a manner that solves the problem of the Defendant. The first loan was made in the creditor’s side by way of resolving the problem of the Defendant.

(2) From November 2012, 201, regarding the instant real estate in the second monetary loan transaction.