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(영문) 대구지방법원 2015.09.22 2014가단128844
대여금
Text

1. The defendant shall be the plaintiff.

A. From January 30, 2015 to September 22, 2015, KRW 28,619,743 and KRW 14,400 among them.

Reasons

1. The facts of recognition revealed that the Defendant entered into a contract with C (hereinafter “C”) for the construction of the Moel located in Sinsan City and that the construction fund was insufficient while carrying out the construction project, the Defendant would raise funds by using each real estate listed in the separate sheet (hereinafter “each real estate of this case”) as the Defendant’s owner, and as a director of C, was introduced through E, who was in charge of the construction of the said Mour.

On March 15, 2013, the Defendant entered into a pre-sale agreement with the Plaintiff on each of the instant real estate (hereinafter “instant pre-sale agreement”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) in the Plaintiff’s name on March 18, 2013, and the main contents of the pre-sale agreement are as follows.

Article 1 The payment shall be determined by 423,00,000 won, and the buyer shall be deemed to have paid to the seller at the domicile of the seller without specifying the period, and simultaneously made at the time of the resolution of the completion of the sale at the same time as the seller pays the payment to the seller.

Article 2 In the event of an expression of intent to pay the price and to complete the sale under the preceding Article, the ownership of the sold real estate shall be naturally transferred to the buyer on such terms, and each Do Governor shall immediately apply for the registration of ownership transfer of the said real estate, and also deliver the said real estate to all persons.

Section 4. The buyer shall pay to the seller the sum of KRW 423,00,00 at the same time as the deposit in the formation of this contract and at the same time the seller shall receive such payment.

Meanwhile, the provisional registration of the right to claim partial transfer of ownership in the name F was completed for each of the instant real estate. However, on March 14, 2013, the day before the conclusion of the instant promise, the Plaintiff prepared to F a certificate of borrowing “180 million won of principal, the due date for payment, the rate of 24% per annum” with F on September 30, 2013.

On March 14, 2013, the Plaintiff’s principal amounted to KRW 423 billion from the Defendant.

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