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(영문) 인천지방법원 2020.01.31 2018가합62767

대여금

Text

1. As to KRW 1,137,975,017 and KRW 900,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 1,137,975,017 from December 1, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On August 31, 2012, the Defendant: (a) purchased the land of this case from the following landowners, the amount of a right to collateral security with a maximum amount of KRW 880,00,00 for the said land; (b) the Defendant set up a right to collateral security with a maximum amount of KRW 70,000,000 for the said land; and (c) borrowed a loan of KRW 700,000 from the G Association on August 31, 2012, the Defendant set up a right to collateral security with a maximum amount of KRW 37,00,000 for the said land.

Non-party H and I paid the full amount of the purchase price for the remaining owners except for the non-party H and I, for H, KRW 50 million for the down payment of KRW 281.7 million for the purchase price, and KRW 120 million for the down payment of KRW 246 million for I, respectively, and completed the registration of ownership transfer for the remaining owners’ shares except for H and I’s shares.

CJ shares 37/413 of the ownership of each of the instant lands on August 31, 2012, 2012, 118/413 H Shares 25/413 of the equity 25/413 of the equity 25/413 of the equity 218/413 of the equity 818/413 of the equity 214/413 of the equity 118/413 of the equity 25/413 of the equity 25/413 of the equity 27/4133 of the equity 17/4133 of the equity 17/4133 of the equity 17/4134/413 of the equity 118/413 of the equity 295/413 of the equity 295/413/413/413/414/414/413 of the equity.

B. The Defendant, who decided to purchase each of the instant land together, has embezzled KRW 100 million out of the above loans and locked, making it difficult to pay interest on loans, etc., and the Plaintiff, who was in the Eastern relationship, is married with Nonparty R, the Defendant’s wife, and the Plaintiff is currently living together on June 21, 2017.

On May 26, 2015, the Plaintiff requested the Defendant to lend money, and the Plaintiff lent KRW 20 million to the Defendant without fixing the due date or interest.

C. On August 20, 2015, the Plaintiff paid KRW 100 million to the Defendant.

On August 21, 2015, the Plaintiff’s land of this case from the PUnion’s soil point of view.