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(영문) 서울동부지방법원 2014.01.27 2013가단25652
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff worked as an instructor from August 1994 at C Co., Ltd. (hereinafter “Non-Party 2”) operated by the Defendant (hereinafter “Non-Party 2”) to the date of August 1994, and was not paid an amount equivalent to KRW 50 million for three years from 2005 to 2007.

Around October 2006, the Defendant planned to develop a school site and develop the remaining land as a site for electric source, and the Plaintiff would purchase the site for electric source exceeding KRW 500,000 in total for KRW 25,000 on October 23, 2006, and the Plaintiff paid KRW 50,000,000 to the Defendant by depositing the total amount of KRW 50,000 in the passbook under the name of the Defendant’s wife.

The Defendant promised to transfer to the Plaintiff 500 square meters of the land purchase price of KRW 50 million and the unpaid tuition fee of KRW 50 million to KRW 100 million.

On February 3, 2008, when the plaintiff requested documents to guarantee this, the defendant prepared a cash custody certificate (Evidence 1) to the effect that the plaintiff will return KRW 100 million if he could not transfer the site for electric power resource to the plaintiff.

At present, the defendant is not able to transfer the site for the whole house to the plaintiff, and it is virtually impossible to implement the project due to the fact that the establishment registration of a large amount of the site for the whole house is completed at the financial institution.

B. The Defendant’s assertion that the Plaintiff would purchase KRW 500,000 of the site for electric power resource, and D, the Defendant’s wife, prepared a cash custody certificate (Evidence 1) on February 3, 2008, but the Plaintiff did not pay the purchase price.

There is no unpaid tuition fee liability, and even if there is no obligation, it is not the defendant's obligation to pay the non-party private teaching institutes, and the defendant's purchase time of the site for electric power resource was about October 2007 that the plaintiff paid 50 million won as the land sale price around October 2006, and the defendant's wife D around October 206.

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