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(영문) 대구지방법원 2020.09.10 2020가합200935

대여금

Text

1. The defendant shall pay 271,180,000 won to the plaintiff and 12% per annum from February 4, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On August 2016, the Plaintiff and the Defendant first started to attend the school.

B. From October 31, 2017 to August 20, 2018, the Plaintiff paid the Defendant totaling KRW 271,180,000 as indicated in the following table.

Temporary amount of 15,00,000 account transfer 30,000 on October 31, 2017, 2017: " " 30,000,000 on December 28, 2017, " 30,5,000 on January 30, 2018 4, " 6,000,000 on February 6, 2018 5, 200 " 5,000 on February 6, 2018 6, 200 on June 25, 200,00,000 " 60,000 on July 22, 2018, 200, 7200,000 on a total of 10,000,000 on August 21, 2018, 208;

C. On February 6, 2018, the Defendant entered into a contract with Daegu-gu E and three parcels of land (hereinafter “instant apartment”) to purchase F apartment G from the Nam-gu, Daegu-gu, and three parcels of land (hereinafter “instant apartment”) with the price of KRW 540 million, and agreed to pay the down payment of KRW 30 million on the date of the contract, and the remainder of KRW 510 million, out of the remainder of KRW 510 million, to succeed to the obligation to return the deposit for lease to the lessee of the instant apartment.

The Defendant paid the down payment of KRW 30 million and the remainder KRW 110 million in the apartment of this case with the money received from the Plaintiff.

On February 22, 2018, the Defendant completed the registration of ownership transfer for the instant apartment on February 6, 2018.

On August 23, 2018, the Defendant borrowed KRW 350 million with the instant apartment as collateral at HF on the instant apartment on the deposit, and prepared a total of KRW 420 million in total as KRW 70 million received from the Plaintiff on August 20, 2018, and returned KRW 400 million among them to the instant apartment lessee.

The plaintiff and the defendant resided together in the apartment of this case from that time.

E. On August 2019, the Plaintiff organized the relationship between B and the Defendant in the apartment of this case.

[Ground for recognition] Unsatisfy, Gap evidence 1 (including branch numbers for those with a tentative number; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion of the parties;