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(영문) 대구지방법원 2017.06.29 2017나30

대여금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. Pursuant to the Plaintiff’s instruction, the Plaintiff’s obligor, and C transferred KRW 50,000,000 to D, the Defendant’s obligee, KRW 14:54 on June 23, 2014, KRW 500,000,000,000 (hereinafter “instant money”) around 14:58 on the same day, and KRW 9.5 million on the same day (hereinafter “instant money”).

B. On June 23, 2014, the Plaintiff signed the following contract (No. 1 certificate; hereinafter “instant contract”). The Plaintiff denied the authenticity of the instant contract, but according to the witness F’s testimony at the first instance trial, the Plaintiff signed the instant contract with the Defendant on his/her behalf, on his/her own signature, as it can be acknowledged that the Plaintiff signed the instant contract with the Defendant on his/her behalf.

- The Defendant - the buyer’s agent - the buyer’s agent - the buyer’s agent - the buyer’s agent - the buyer’s agent - the entire site for the instant real estate (hereinafter “the instant real estate”) in the purchase of the instant real estate (such as a stable site and a stable), a down payment shall be made at the cost of commencing the H Design Office construction, and all matters concerning the transfer of the farm shall be notified and promised by telephone thereafter shall be notified and promised to be made. The total sale price of the entire site and the stable shall be KRW 830 million, and the remainder shall be KRW 720 million, out of the remainder of KRW 820,000,000,000,000 in lump sum and shall be paid in consultation (excluding the Belgium press) on June 23, 2014 (excluding the purchase agent).

D. On July 29, 2014, the Defendant sent to the Plaintiff, by content-certified mail, a content-certified certificate (No. 4; hereinafter “instant content-certified certificate”) as follows.

No. : Indication of real estate upon cancellation of a real estate sales contract (notification of cancellation): Sale price of the instant real estate (the content of the contract): KRW 830 million: Payment of the intermediate payment on June 23, 2014: The remainder of KRW 700 million on June 23, 2014: 120 million: the buyer E in the sales contract of this case, and the purchaser’s agent.