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(영문) 서울중앙지방법원 2018.05.25 2016가단5144792
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. As to the cause of claim

A. 1) On September 30, 2015, C borrowed KRW 80 million from the Plaintiff on a monthly basis and December 31, 2015, with a maturity of KRW 1,00,000 from the Plaintiff on December 31, 2015. 2) C: (a) on January 5, 2016, the Defendant borrowed KRW 130,000 from C at an annual interest rate of KRW 8.5%; (b) on October 5, 2014, the Defendant borrowed from C at an annual interest rate of KRW 130,000,000 from the Plaintiff to pay the principal and interest at the time of completion of a multi-household loan; and (c) transferred the Defendant’s claim against the Defendant on the basis of the C’s money tea certificate (Evidence 2, 3, 2016) to the Plaintiff, and notified the Defendant of the transfer by means of a content-certified mail; and (c) on February 1, 2016.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1 to 5, Eul evidence 3

B. According to the above facts, the defendant is obligated to pay the acquisition amount and damages for delay to the plaintiff, unless there are special circumstances.

2. As to the defendant's defense, the defendant's defense that the defendant's obligation against C was extinguished by the repayment.

1) The facts of recognition are as follows: Seocho-gu Seoul Metropolitan Government D 161.5 square meters (hereinafter referred to as “instant site”).

) For the new construction of multi-household housing in C, C’s E and F (E’s wife and C’s wife and C’s wife) are the straw.

() On September 4, 2014, G purchased the instant site and the instant ground housing in the name of KRW 1.30 million, and the down payment of KRW 130 million on the date of the contract; the intermediate payment of KRW 30 million on October 6, 2014; and the intermediate payment of KRW 870 million on October 31, 2014; and C paid KRW 130 million on the same day to G for the same amount as the down payment of KRW 130 million. Since the loan was not made to E and F, the real estate sales contract was re-established on October 5, 2014 with only the name of the purchaser of the said sales contract changed from E and F, and C and the Defendant made a real estate sales contract again with the Defendant on October 5, 2014 at the interest rate of KRW 130 million on a yearly basis, and the due date for payment of KRW 50 million on August 5, 2014.

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