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(영문) 서울고등법원 2015.05.29 2014나23425

대여금

Text

1. The following amount among the ancillary claims against Defendant D in the judgment of the court of first instance.

Reasons

1. Basic facts

A. On June 12, 2007, the network E (hereinafter “the network”) obtained a license from the SH Corporation to move into an apartment unit with a size of 135 square meters or less in Seoul FF district (hereinafter “instant sales right”).

B. Around July 2007, the Plaintiff purchased the instant right of sale from the Deceased in KRW 320 million, and thereafter, the Plaintiff agreed to pay for the sale price to the Deceased and SH Corporation (hereinafter “the sales contract for the instant sales right”) and then transferred KRW 30 million to the account in the name of H (Defendant B’s husband) designated by the Deceased, and KRW 20 million to the account in the name of H (Defendant B’s husband) on October 2, 2007 when the sales contract was concluded between the Deceased and SH Corporation. < Amended by Presidential Decree No. 20360, Oct. 19, 2007; Presidential Decree No. 20350, Oct. 2, 2007; Presidential Decree No. 20350, Oct. 19, 2007>

C. On October 2, 2007, the Plaintiff prepared a letter to the Deceased on October 2, 2007, stating that “The remainder of the sales right of this case shall be KRW 250 million from the deceased’s apartment loans equivalent to the same amount as the G Apartment G Apartment 1104 Dong 1401, the time of repayment shall be the time of moving into the F Zone. The interest pertaining thereto shall be borne by the Plaintiff and the deceased shall transfer to the Plaintiff the sales document related to the occupancy right at the time of repayment of the total amount of the loan.”

On July 7, 2008, the Deceased entered into a sales contract (hereinafter “instant sales contract”) with the SH Corporation and I Apartment 629 Dong 402 (hereinafter “instant apartment”). On behalf of the Deceased, the Plaintiff paid KRW 135,303,686 to the SH Corporation.

E. The Plaintiff and the Deceased borrow from the Plaintiff the amount of KRW 135 million on July 7, 2008, when the instant sales contract was concluded.

The interest on the loan shall not be paid under mutual agreement.

The borrowing period shall be the time the deceased transfers the registration to the plaintiff or the person designated by the plaintiff after the completion of the final payment of the remainder for the apartment of this case and the registration of this article, and shall be changed by agreement between the plaintiff and the deceased.