logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.11.01 2018가합10094
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Defendant purchased real estate on December 1, 2016 (hereinafter “instant real estate”) indicated in the separate sheet from C on December 1, 2016.

A) The sales contract was prepared to purchase the contract amount of KRW 6 billion, and the intermediate payment of KRW 2.4 billion on the date of the contract, the intermediate payment of KRW 2.4 billion on December 31, 2016, and the remainder of KRW 3 billion on March 20, 2017 (hereinafter “instant sales contract”).

(2) On December 1, 2016, the Plaintiff remitted C the total of KRW 350 million on December 1, 2016, and KRW 350 million on December 2, 2016.

3) D paid KRW 200 million to C as the down payment of the instant sales contract. (b) On December 21, 2016, the Defendant sent a notice of invalidity of the instant sales contract to C to the effect that it is impossible to grant a building permit to the instant real estate, and that the instant sales contract will be rescinded.

The defendant stated the sender of the above notice as "the defendant and the non-indicted 2".

2) On May 2, 2017, the Defendant filed a lawsuit against C seeking the return of KRW 600 million down payment under the instant sales contract ( Jeju District Court 2017Gahap1113, hereinafter “related lawsuit”).

(C) The Plaintiff borrowed KRW 100 million from the Defendant on May 21, 2017 and repaid the full amount of the loan on June 7, 2017. [Grounds for Recognition] The Plaintiff did not dispute, Gap evidence 1-3, Eul evidence 1-4 (including the entire serial number, witness D, and the purport of the entire pleadings)

2. Determination

A. 1) Judgment on the claim for a loan 1) The Plaintiff purchased the instant real estate from C. The Plaintiff lent KRW 350 million to the Defendant as the down payment of the instant sales contract, and directly remitted the said loan to C as requested by the Defendant.

The defendant is obligated to pay to the plaintiff the borrowed amount of KRW 350 million and damages for delay.

B. The Plaintiff’s development project is the instant case.

arrow