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(영문) 의정부지방법원 2017.10.18 2016나12244

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 14, 2006, the Plaintiff lent the amount of KRW 17 million to the Defendant on March 14, 2006 as the due date set on March 30, 2006.

B. As above, the Defendant used money borrowed as the purchase fund for co-ownership 1/2 (hereinafter “instant co-ownership”) among co-ownership 1/2 (hereinafter “instant co-ownership”), the co-ownership of the said land was divided into 82,661 square meters (hereinafter “instant co-ownership”). < Amended by Act No. 8270, Dec. 18, 2008; Act No. 8213, Dec. 18, 2008>

The defendant completed the registration of ownership transfer under the name of the defendant on March 30, 2006 with respect to the instant shares.

C. On April 21, 2006, provisional attachment of KRW 40 million was completed in the creditor E’s claim amount of the instant shares (hereinafter “provisional attachment”). D. The provisional attachment was completed.

On May 22, 2006, the Plaintiff completed the provisional registration of the right to claim a transfer of all shares (hereinafter “the provisional registration of this case”) based on the pre-sale agreement.

E. On June 13, 2006, the provisional registration of this case was cancelled due to the cancellation on June 9, 2006.

On the same day, the defendant completed the registration of ownership transfer on the ground of the sale of the shares in this case in Chang-ro Co., Ltd.

F. Meanwhile, the provisional seizure in the name of creditor E was cancelled due to the cancellation on June 16, 2006.

[Ground of recognition] Evidence No. 1, No. 1, and No. 1

2. The fact that the plaintiff lent 17 million won to the defendant on March 14, 2006, and that the defendant paid the above money by March 30, 2006 is recognized as above.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the above KRW 17 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from March 31, 2006 to August 10, 2015, the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

3. Defendant’s recommendation for repayment;

A. The summary of the argument;