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(영문) 수원지방법원 2014.02.11 2012가합14428

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 14, 2011, the Plaintiff agreed to lend KRW 177,296,000 to D with business funds in relation to the Gangnam-gu Seoul E housing project (hereinafter “instant project”) promoted by C (hereinafter “the instant project”), and D agreed to repay KRW 180,800,000 to the Plaintiff on May 6, 201 (hereinafter “the first loan agreement”). After deducting KRW 20,000,000 from the Plaintiff’s husband’s account, the Plaintiff transferred KRW 157,296,000 from the Plaintiff’s husband’s account to C’s account.

B. On June 13, 201, when the Plaintiff was unable to repay the first loan, D borrowed additional KRW 100 million from the Plaintiff, and repaid KRW 150 million by June 22, 201, along with the first loan, KRW 170 million until June 30, 201. At the time of nonperformance, D agreed to establish a collateral security (hereinafter “the instant loan”) with the maximum debt amount of KRW 390 million against G apartment 101,704, Gangnam-gu, Seoul (hereinafter “the instant apartment”) owned by the Defendant and delivered it to the Plaintiff. H, who was present as the Defendant’s agent, stated the Defendant’s name in the debtor column of the instant loan certificate, affixed the Defendant’s certificate of personal seal impression, resident registration, etc., and transferred the above loan amount to the Plaintiff with the above KRW 136,160,000,000,0000,000,000 to the Plaintiff.

C. By June 22, 2011, D and the Defendant did not repay the Plaintiff the said KRW 150 million to the Plaintiff, and the Plaintiff did not repay the said KRW 150 million to the Plaintiff on June 23, 2011 according to the loan certificate of this case, only 390 million with respect to the apartment of this case in F’s name.