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(영문) 수원지방법원안산지원 2016.06.17 2015가단32776
매매대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Recognizing the facts of recognition: The sum for the repayment of the borrowed money: KRW 100,000,000,000, the sum of which is borrowed and for which a promissory note is notarized shall be repaid by April 17, 2014, respectively, and if the Promissory Notes are not performed, it shall be deferred until May 15, 2014, and if so, it shall be guaranteed by C with the loan certificate issued by C.

On December 31, 2013, the Plaintiff lent KRW 100,000,000 from the Defendant to the Defendant, and written the following notes (Evidence 2) to the Defendant:

The daily loan certificate: The above-mentioned amount shall be borrowed in full at KRW 100,000 (100,000) and the interest shall be paid on the 15th of each month on the 10th of the month.

Until now, interest accrued from September 2, 2013 to February 2, 2014 shall be repaid as principal on the date of repayment of principal.

Ratification: On April 15, 2014, I will obtain the loan certificate from the spouse C as of April 15, 2014.

The principal and interest in arrears shall be paid in full until April 15, 2014, and shall be paid in full until May 15, 2014.

B. However, the Plaintiff failed to pay interest on the above loan, and around February 21, 2014, prepared a loan certificate (No. 1) with the following content to the Defendant.

Sales amount: Samcheoncheon, Gyeongcheon ( Y 380,000), - down payment - Samcheon, Samcheon, 000,000 shall be paid at the time of the contract, and the remainder KRW 30 million shall be paid on July 15, 2014.

Special Agreement - The buyer succeeds to the purchase of the said purchase by March 30, 2015, the payment of the deposit for lease on a deposit basis - the payment of the deposit for lease on a deposit basis - the payment of the loan of the agricultural cooperative, the payment of the loan of the loan of the agricultural cooperative, the payment of the lease on a deposit basis - the payment of the lease on a deposit basis shall be borne by the seller.

C. On June 18, 2014, the Plaintiff drafted a sales contract (Evidence A 1) with the content that the Defendant and the Plaintiff sell to the Defendant the Dongjak-gu Seoul Metropolitan Government D ground No. 202 (hereinafter “instant housing”) as follows.

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