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(영문) 서울중앙지방법원 2019.05.31 2017가단5225599
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. In the process of constructing Seocho-gu Seoul Metropolitan Government apartment building, the Defendant issued the sales contract for five households (E-ho, F, G, Hho, and I) among the above apartment units for the purpose of offering security by demanding that it lend money to D on March 2, 2009.

B. On April 2, 2009, D borrowed KRW 300 million from the Plaintiff, and received KRW 270,000,000,000 from the Plaintiff, and issued as security the sales contract under E and F to the Plaintiff.

D, however, is subject to criminal punishment for embezzlement, etc. by arbitrarily consuming the remainder of KRW 50,00 among the money borrowed from the Plaintiff by the Plaintiff.

C. Since the issue of the above two households offered as security thereafter, the defendant issued and delivered a sales contract to the plaintiff that the above apartment J unit is sold to the plaintiff with the sales price of KRW 700 million and the remainder of KRW 400 million is remaining.

On March 18, 2010, the Defendant prepared and delivered a letter of performance stating that “the Defendant shall pay 300 million won by May 25, 2010” to the Plaintiff, and that “the Defendant shall pay 300 million won by May 25, 2010” to the Plaintiff, and that “the Defendant shall pay 300 million won by May 25, 2010.”

(hereinafter collectively referred to as “instant performance memorandum and payment note”

After that, on May 12, 2012, the Plaintiff and the Defendant made an agreement with the following contents:

hereinafter referred to as the "agreement of this case"

1. The defendant and the plaintiff are not liable to the defendant for all documents issued by the defendant prior to the date of signing this Agreement, including the original of notarized promissory notes attached to this Agreement.

2. The Defendant shall provide the Plaintiff with the original notarized document based on the agreement under paragraph (1) of this Article, which is based on the subrogation of the borrowed amount borrowed by D to the Plaintiff.

3...

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