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(영문) 서울북부지방법원 2017.01.13 2016가단18385

대여금

Text

1. The Defendant’s KRW 103,200,000 as well as 5% per annum from April 21, 2010 to May 27, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff was recommended by the Defendant and Nonparty C to invest in real estate in Seo-gu, Incheon (hereinafter collectively referred to as “instant loan”) 402 and 403 (hereinafter collectively referred to as “instant loan”), and issued 18 million won to C on November 20, 2009 (hereinafter referred to as “instant loan”).

B. On November 20, 2009, the Defendant and C issued the instant loan sales contract and cash storage certificate stating the terms of the special agreement to the Plaintiff on November 20, 2009, and the notary public drafted the certificate No. 4036 of Ministry E, Law Firm E, etc., and the special terms and conditions stated in the sales contract and the cash storage certificate are as follows.

[Matters of special agreement] ① A borrower may not offer a transfer, mortgage, etc. to another person before he/she redeems a loan to a buyer.

(2) The term of loans shall be within four months from the date of borrowing.

Provided, That the repayment may be made in advance due to the borrower's circumstances.

(3) The borrower shall complete the completion four months prior to the date of completion and repay the full amount of the loan with the sale price and the loan, and if it is impossible to repay the loan even after the lapse of four months, the borrower shall transfer the registration to the person designated by the borrower without any condition.

(4) When a borrower redeems the full amount of a loan, the borrower shall refund the sales contract without any condition.

5. In addition to matters other than those mentioned above, it shall be subject to commercial practices and an agreement between the lender and the borrower.

[Certificate Cash Storage Certificate] (120,000,000 n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n

C. After the completion of the instant lending, ownership was transferred to another person by auction.

The Plaintiff received 4.8 million won over two occasions on April 19, 2010 and April 20, 2010.

[Reasons for Recognition]