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(영문) 인천지방법원부천지원 2019.07.12 2017가합840

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On August 201, 201, C, the Plaintiff’s husband, as the Plaintiff’s agent, purchased a total of KRW 840 million from the co-owners (hereinafter “instant trade”), jointly with the Defendant for KRW 78,655 square meters of D forest land, E, 2,380 square meters of forest land, and KRW 55,955 square meters of F forest land (hereinafter “instant forest”). At that time, C, the Plaintiff’s husband, as the Plaintiff’s agent, purchased the instant forest land at KRW 1/2 of the purchase price (hereinafter “instant trade”). The ownership transfer registration based on the instant trade was completed.

At the time of the instant purchase and sale, the Plaintiff agreed to provide a total of KRW 840,00,000,000,000 for the instant purchase and sale, which is the Defendant’s husband and the Defendant’s agent, who are delegated with the authority to trade the instant case and borrow money from the Defendant via the said C, as a whole, the Plaintiff paid the Plaintiff the total of KRW 842,00,000,000,000 for

Even if the Defendant did not delegate the right to borrow the instant purchase price to G, the Defendant ought to be deemed to have indicated that the Plaintiff’s agent delegated the said right to borrow the instant purchase price to G. As such, the expression agent under Article 125 of the Civil Act is established.

Therefore, the defendant is obligated to pay to the plaintiff the above loans of KRW 420 million and the damages for delay calculated by each of the rates prescribed in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery of the original copy of the payment order of this case to the day of complete payment

B. The Defendant asserted that the Defendant: (a) jointly purchased the instant forest land with the Defendant’s husband; and (b) jointly planned to jointly conduct the instant forest land with the Defendant’s husband; and (c) allowed the Defendant to purchase the shares of G out of the instant forest land under the Defendant’s name; and (b) there was no fact that the Defendant delegated the right to borrow the purchase price for the shares of G on behalf of the Defendant among the instant forest land.