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(영문) 서울고등법원 2015.06.26 2014나2047175

매매대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

A party-related agricultural company H (hereinafter “H”) was established on October 7, 2008, and was punished for the development project at the Hanwon-gu Seoul Metropolitan Government I. The Plaintiff was registered as the representative director of H.

C is the defendant and the child of the plaintiff.

There is a dispute between the Defendant and the Plaintiff, and C on whether the Defendant was a loan and the amount of the loan in relation to the above development project.

As seen in this subsection, there was a lawsuit.

Plaintiff

In addition, on February 9, 2009, the Plaintiff and C, including the receipt of loan in the name of C and the remittance of the Defendant, prepared and delivered the following certificate of loan (No. 8-2, hereinafter “the certificate of loan in this case”) to the Defendant.

The loan certificate will be borrowed in accordance with the above-mentioned sum of 10 million won.

On February 9, 2009: ① The due date for repayment of the above loan shall be February 9, 2010.

(2) The annual interest rate shall be ten percent when permission for H is non-permission.

3. He/she shall transfer 500 square meters of the area permitted for H permission to the defendant.

After preparing the Plaintiff’s above loan certificate as the borrower, the Defendant remitted the sum of KRW 190,000,000 to the bank account in the name of the Plaintiff or the Plaintiff’s son from February 16, 2009 to January 26, 201 (hereinafter “the instant remittance amount”).

On the other hand, the Plaintiff and C paid KRW 60,00,000 to the Defendant three times on May 28, 2010, May 29, 2010, and November 15, 2010.

On January 17, 2012, the Defendant filed a lawsuit claiming a loan (hereinafter “prior lawsuit”) against the Plaintiff and C by asserting that the Defendant lent KRW 250,000,000 to the Plaintiff and C in total from October 7, 2008 to January 26, 2011.

As to this, the Plaintiff and C borrowed KRW 200,000 from the Defendant from February 9, 2009 to January 26, 2011 after drawing up the instant loan certificate through a written reply, etc. from August 20, 2012. Of them, KRW 60,000,000.