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(영문) 서울중앙지방법원 2015.11.24 2015나30182

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. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 5 (including each number); and (c) evidence Nos. 1 to 3; and (d) the purport of the whole arguments.

In November 2009, the defendant requested the plaintiff to sell the land in installments with permission for the development of E, F, and G land in the safe city owned by the defendant, and if there is a purchaser, the purchaser will be introduced.

Accordingly, the plaintiff was said to be able to purchase part of the above land from the defendant.

The plaintiff and the defendant visited the site later and confirmed the current status, and specified the subject matter of the sale.

B. The Plaintiff transferred to the Defendant KRW 30,000,000,000 on November 30, 2009 in the name of the Plaintiff’s East C, and KRW 20,000,00 on December 28, 2009 in the name of the Plaintiff, and KRW 30,000,000 on December 10, 209 in the name of the Plaintiff (hereinafter “instant remittance amount”).

On January 8, 2010, the Defendant drafted and issued to the Plaintiff a receipt stating the following contents (hereinafter “instant agreement”).

The receipt shall be received in a fixed amount of KRW 30 million.

Recognizing that the above amount may be the amount for the transfer of the land of Gyeonggi, Do, E or G in title, as determined later, and that it may be simple on the date of borrowing according to A's intention.

B, the receipter B, B. B. H

C. The defendant sent the above I land to the plaintiff with a photograph affixed.

After examining the location, prospect, the vicinity of the road, and the price per square meter of the above land, the Plaintiff exercised the right of choice pursuant to the instant agreement on March 2010, and subsequently revoked the plan to purchase part of the above land and confirmed the amount of KRW 30,000,000 as the loan.

The defendant shall each pay KRW 1,00,000 to the plaintiff on May 27, 2010, July 1, 2010, August 6, 2010, September 9, 2010, October 28, 2010, respectively, for each of the following reasons: < Amended by Act No. 11374, Dec. 29, 201; Act No. 11374, Feb. 1, 2012; Act No. 11374, Feb. 6, 2012; Act No. 11373, Mar. 5, 2012; Act No. 11373, Apr. 2, 2012>