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(영문) 수원지방법원성남지원 2015.09.10 2014가단28472
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion C has a claim of KRW 70 million against the Defendant, and the Plaintiff acquired the said claim from C on July 6, 2012.

Therefore, the defendant is obligated to pay the above KRW 70 million to the plaintiff and its delay damages.

2. There is no sufficient evidence to acknowledge that there is a claim that the Plaintiff acquired, namely, a claim of KRW 70 million against the Defendant, that is,, C’s claim against the Defendant.

Rather, considering the following circumstances, the defendant, not C, bears the obligation to return the investment amount of KRW 70 million against C, but only it is recognized that there is no present time, even though it bears the obligation to return the investment amount of KRW 70 million against C.

Therefore, the plaintiff's assertion is not accepted.

① The developments leading up to the occurrence of the above KRW 70 million are as follows:

D made investments of KRW 150,000,000, and KRW 250,000,000 with the Defendant respectively, and agreed to resell land and buildings located in Incheon, Incheon, owned by E within three months and divide the proceeds therefrom.

Accordingly, on November 12, 2011, a sales contract was concluded for the purchase price of KRW 950 million with the Defendant couple as the buyer. D performed investment by offsetting the seller’s credit against the seller E against the intermediate payment. The Defendant also paid KRW 250 million to E.

(B) The Defendant paid KRW 80 million to D not later than May 18, 2012, in a situation where the said real estate was not resold after the purchase price was substituted by the Defendant’s acceptance of the debt of E.

D, however, argued that the above 150 million won was not invested but loaned to the defendant, and that the remaining 70 million won was demanded. The defendant paid the above 80 million won of investment, and argued that D completed all settlement of accounts about 150 million won of investment.

② As seen above, the legal relationship which caused the Plaintiff’s claim of KRW 70 million is based on the legal relationship.

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