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(영문) 광주지방법원 2017.01.11 2015가단530336

대여금

Text

1. The Defendant’s KRW 56,240,00 and the said money to the Plaintiff are 5% per annum from February 16, 2016 to January 11, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant moved to school from December 201, and lived from March 2014 to July 2015, and came to take place around that time.

B. The Plaintiff’s KRW 3,700,000 on March 5, 2014 to the Defendant;

3.6.10,000,000

3.7.21,300,000 won;

3. A total of KRW 37,640,000, including KRW 2,640,000, was remitted, and a total of KRW 56,240,000 on January 18, 2015 was remitted.

C. On March 11, 2014, the Defendant paid KRW 29,663,00,000, out of remitted money, as the down payment for the purchase of the relevant apartment complex in Gwangju Seodong-dong, Gwangju. On January 17, 2015, the Defendant paid KRW 18,210,000 as the intermediate payment.

The Defendant sold the right to sell apartment units after hedge with the Plaintiff, and the Plaintiff demanded the Defendant to return the money remitted on February 15, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 3 evidence, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff 1) - The principal cause of the claim: the plaintiff, together with the defendant, transferred money to the defendant to purchase the Yagdong-dong apartment complex, and the defendant purchased the apartment sale right and paid part of the down payment and the balance to the defendant. However, in June to July 2015, the plaintiff demanded the return of the above money to the defendant. However, since the plaintiff entrusted the apartment sale affairs to the defendant, and the plaintiff's claim for the return of money is decided to terminate the delegation relationship, the defendant is obligated to return the money received from the delegated person due to the management of the delegated affairs pursuant to Article 684 of the Civil Act. - Even if there is no delegation relationship between the above plaintiff and the defendant, the defendant agreed to return the above money to the plaintiff as the delegating person. Thus, the defendant is not entrusted with the management of the apartment sale affairs by the defendant. 2)

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