대여금 등
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 12, 2012, G entered into a lease agreement (Evidence 8) with a deposit of 50,000,000 won, and the lease period from July 1, 2012 to December 31, 2016, on the lease of 400 square meters (hereinafter “instant leased building”) from among the first floor of the D building in Busan Metropolitan City from L and M (hereinafter “instant leased building”).
B. On January 31, 2013, F (G’s friendly ties) made out in the name of F and G a written confirmation that G transferred the right of lease to the Defendant with respect to the leased building of this case and that F would guarantee the obligation of G (hereinafter “instant confirmation”).
When calculating the certificate of sale and purchase of the lease, K above-stores are transferred.
On January 31, 2013: G guarantor: F transferee: B (Defendant)
C. On February 4, 2013, F stated in the instant confirmation document possessed by the Defendant that F received the entire payment of the purchase price of the leased building of this case from the Defendant (a security deposit of KRW 50 million,000,000,000,000).
The assigned amount is agreed to pay the above amount by the end of June, 2013, in the limit of KRW 50,000,000,000,000,000 in full and in full and in full, the total amount of the money borrowed (20,000,000) by the end of June, 2013.
In February 4, 2013, the difference between the borrower B (Defendant) and H 14,942,670 shall be deposited after the deduction of the monthly management expenses in January 201. The agricultural cooperative IJ signature: B (Defendant)
D. On February 4, 2013, the Defendant drafted to F the following certificates of borrowing (No. 2, hereinafter “the instant certificate of borrowing”).
[Ground of recognition] Unsatisfy, Gap evidence 2, 8, Eul evidence 1, the parties' personal examination result of the first instance court F, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant agreed to pay the purchase price of the leased building of this case between F and the Defendant who represented the Plaintiff by the Plaintiff 1, and the Plaintiff delivered the leased building of this case to the Defendant. Thus, the Defendant’s remainder of the transfer price is 20.