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(영문) 인천지방법원 2015.11.25 2015가단21126
대여금등
Text

1. The Defendant: (a) KRW 18,00,000 for the Plaintiff and 5% per annum from April 23, 2015 to November 25, 2015; and (b) the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion ① on October 26, 201, the Defendant loaned KRW 20 million from the Plaintiff to the boiler purchase cost, and the Defendant is obligated to pay the remainder of the loans KRW 10 million to the Plaintiff and delay damages therefrom.

② On December 24, 2011, the Defendant was delegated by the Plaintiff with regard to the conclusion of the sales contract for the land (hereinafter “instant real estate”). On January 13, 2012, the Defendant entered into an exchange contract for the said land and D’s real estate owned by the Plaintiff (hereinafter “instant exchange contract”) with D. Pursuant to the instant exchange contract, D shall pay the Plaintiff KRW 210,000,000,000,000 on January 13, 2012, and the intermediate payment of KRW 20 million on January 20, 2012, and KRW 17,500,000,000,000 on March 30, 2012, and KRW 500,000,000,000,000,0000,000,0000,000,000 won and KRW 50,50,000,000,00.

③ Around October 31, 2011, the Plaintiff provided to E with a payment of KRW 3 million (on behalf of the Defendant for a loan) that the Defendant would pay to E, and E agreed to return the loan to the Plaintiff if the loan is not executed by November 20, 201, and the Defendant provided joint and several sureties for this.

However, since loans have not been executed, the defendant is obligated to pay the above three million won and damages for delay to the plaintiff.

④ Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 58 million (= KRW 45 million in total) and damages for delay.

B. The Defendant’s assertion ① paid KRW 10 million to the Plaintiff on or around December 2011, and the Defendant would rather offset the down payment that the Defendant received from D with KRW 5 million.

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