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(영문) 대구지방법원 2019.07.18 2018가합205371

대여금

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1. The defendant (Counterclaim defendant) B is jointly with the defendant (Counterclaim plaintiff) and the defendant C is jointly with the defendant (Counterclaim plaintiff) B.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On September 29, 2014, Defendant B leased and operated the F’s “F” at the same time, and Defendant C is the father of Defendant B.

B. Around May 2015, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant B by bearing one-half of the purchase price, and agreed to distribute the revenue of the instant real estate in one-half each (1/2) (hereinafter “instant agreement”).

C. In accordance with the instant agreement, the Plaintiff purchased G and the instant real estate in KRW 650 million on September 3, 2015, and drafted a sales contract to pay the remainder KRW 65 million on October 13, 2010, and the intermediate payment of KRW 1150 million on the part of the Plaintiff at the time of the contract, and the remainder KRW 470 million on October 19, 2015, respectively.

Accordingly, on October 19, 2015, the Plaintiff and Defendant B completed the registration of ownership transfer based on sale on September 3, 2015 in the name of the Plaintiff for the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff asserted that Defendant B lent KRW 204,536,629, including the sales price of the instant real estate and other related expenses to be borne by Defendant B pursuant to the instant agreement as indicated below, and the lease deposit for the instant commercial building.

Defendant C guaranteed Defendant B’s total amount of KRW 12,4.5 million (i.e., KRW 1,26,11,12, and KRW 90 million, KRW 5,500,000, KRW 5,500,000, KRW 5,500,000, KRW 1,500,000, KRW 5,000,000, KRW 1,55 million).

Therefore, the Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, have the obligation to pay the total amount of KRW 124,500,000,000,000 and damages for delay.

Guarantee of the amount of lending from the date of No. 1030 on October 2015.