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(영문) 인천지방법원부천지원 2014.12.11 2013가합10757

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. In the event that the Plaintiff sells “D land” from the Defendant (the husband of the Plaintiff’s husband) who is a fraud around March 2009 (hereinafter “Plaintiff’s husband”), the Plaintiff agreed to lend the sale price of D land to the Defendant upon receipt of a request from the Plaintiff and consent thereto. The Defendant’s delegation from the Plaintiff for the sale of D land on November 30, 201 with respect to the sale of D land on behalf of the Plaintiff does not conflict between the parties.

(hereinafter referred to as the “instant loan agreement,” and the said loan is deemed as “instant loan,” b.

1) The Plaintiff asserts that the amount of the loan was KRW 300 million from the Defendant, while the amount of the loan was set at KRW 230 million at the time when the Plaintiff was delegated to sell D land from the Plaintiff, the Defendant actually sold the land at KRW 238 million. As the amount of the loan in this case was claimed to be KRW 221,919,444, deducting the capital gains tax of KRW 16,080,556 borne by the Defendant from KRW 238,000,000,000,000, the amount of the loan in this case was KRW 221,919,454.2) and KRW 1 (a copy of the delegation letter, the Plaintiff rejected the authenticity of the above documentary evidence, but when considering the purport of the Plaintiff’s signature and seal impression as well as KRW 70,00,000,000,000,0000,000,000.