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(영문) 서울고등법원 2018.07.05 2017나2067095

청산금지급 청구의 소

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's claim against the defendants is dismissed in entirety.

2. Action.

Reasons

1. Basic facts

A. On October 27, 2004, D and the Defendants agreed to borrow KRW 700 million from the Defendants on October 27, 2004, as follows (A evidence 18-8 and B-A No. 19-8 and 27, hereinafter “Written Agreement”). D and the Defendants agreed to do so.

1) The Defendants drawn up with D. The Defendants loaned KRW 70 million in total to D. The amount of KRW 300 million on October 27, 2004, KRW 200 million on November 12, 2004, KRW 270 million on D’s account on November 15, 2004, KRW 30 million on a check, KRW 30 million on a check. The Defendants (creditor) shall lend money to D (debtor) and D borrowed the above money from the Defendants, each of which shall be agreed as follows. The Defendants shall pay KRW 300 million on a loan to D. The Defendants shall be paid KRW 270 million on a loan with KRW 200 million on a condition that D’s principal shall be paid KRW 60 million on a loan with KRW 200 million on a loan with the Defendants, including KRW 170 billion on a loan with KRW 200,000 on a two-year basis.

At the time of preparation of the written agreement of October 27, 2004, each real estate listed in paragraphs 2 and 6 of the attached list among each real estate of this case is divided from each real estate listed in paragraphs 1 and 5 of the attached list Nos. 1 and 5 of the attached list, and the above written agreement only contains the lot number of each real estate listed in paragraphs 1 and 5 of the attached list, and each real estate listed in paragraphs 2 and 6 of the attached