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(영문) 대전고등법원 2016.01.27 2014나2356
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On September 29, 2010, the Defendant: (a) obtained a construction permit for the new construction of the Dong-gu Seoul Special Metropolitan City Do Do Do Do Do Do Do Do Do (hereinafter “instant Do Do Do”); and (b) obtained approval for the use of the above Do Do Do on March 26, 2012; (c) on February 21, 2011, which was located in the construction of the instant Do Do Do Do Do Do Do Do, the Defendant paid 30,000 won deposit money to the Plaintiff on September 30, 201, and paid the remainder of the Do Do dong Do Do Do 5 (hereinafter “Plaintiff Do Do Do 5”) deposit money to the Defendant on March 31, 2012 (hereinafter “the remainder of the Do Do 20130, Feb. 31, 2011).

(4) Upon the Plaintiff’s request, the Defendant also performed the construction work of the studio in the Plaintiff’s studio.

B. From April 2, 2011 to March 20, 2012, the Plaintiff, including money transactions between the Plaintiff and the Defendant, remitted total of KRW 64,300,000 or paid in cash and check to the Defendant, as indicated in the attached Table 1’s payment statement.

2. On May 23, 2011, the Defendant agreed to borrow KRW 10,00,000 from the Plaintiff as the loan period of three months and interest per annum to the Plaintiff on May 23, 201, hereinafter “the loan certificate of this case”).

On May 31, 2011, the Plaintiff created a right to collateral security of KRW 30,000,000 with respect to X-4,463 square meters of forest land owned by the Defendant.

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