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Reasons
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(영문) 의정부지방법원고양지원 2014.04.09 2013가합4395
대여금
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1. Defendant C’s KRW 45,00,000 and the Plaintiff’s annual rate of KRW 5% from July 8, 2008 to November 13, 2013, respectively.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant C

(a)be as shown in the attachment of the claim;

(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to the Plaintiff’s claim against Defendant B and D

A. On June 12, 2007, the network E is entitled to move into a sale apartment with a size not exceeding 135 square meters in Seoul FF district from the SH Corporation (hereinafter “instant sale right”). The network E is entitled to move into a sale apartment with a size not exceeding 135 square meters (hereinafter “instant sale right”).

(2) Around July 2007, the Plaintiff purchased the instant right to sell from the network E, and subsequently, concluded a sales contract between the network E and the SH construction by designating the same class of apartment complex (hereinafter “instant sales contract”) and paid 30 million won as down payment to the network E, and around October 2, 2007, the Plaintiff paid 20 million won to the network E as down payment.

3) On October 2, 2007, the Plaintiff prepared a letter to the Dong E, stating that “The remainder of the sales right of this case 250 million won shall be repaid for the apartment loan of the Dong 104 Dong 1401 Dong Dong-gu, Busan Metropolitan City, the Sinyang-gu, the Sinyang-si, the network E, and the time of repayment shall be the time of moving into the F district. The interest accrued therefrom shall be borne by the Plaintiff, and the network E shall transfer the sales document related to the right to move into the Plaintiff at the time of full repayment of the loan. 4) The Plaintiff remitted each amount of KRW 2 million to the passbook under the name of H (Defendant B’s husband) designated by the network E.

5) On July 7, 2008, the network E refers to the SH Corporation and Seoul I Apartment 629 Dong 402 (hereinafter “instant apartment”).

2) As to the sales contract, the sales contract was concluded (hereinafter “instant sales contract”).

(6) On July 7, 2008, the Plaintiff and the Network E borrow from the Plaintiff on July 7, 2008, the sales contract amounting to KRW 135,303,686, and the balcony expansion contract amounting to KRW 4,02,00.

Interest on the loan shall be trade name.

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