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(영문) 부산지방법원 2016.11.08 2015가단233711
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 45,900,000 and for this, KRW 5% per annum from October 1, 2014 to October 12, 2015;

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion (1): (a) the Plaintiff: (a) sold the Fund to the Defendants, who share the same business with a project for obtaining gains from the market price by winning a bid for real estate in the real estate auction process, to sell the Fund to the Busan Dongdong-gu G apartment No. 210 (hereinafter “G apartment”) for the payment of bid deposit for the size of 9,531m2, E field 1,210m2, F forest No. 45,983m2; and (b) leased the total amount of KRW 79,100,000, including up to the damages caused by the supply of the above G apartment on September 12, 2014 from Defendant B, to receive KRW 95,00,000,00 from September 30, 2014 (hereinafter “each of the instant documents”).

Plaintiff

Defendant B’s transfer of KRW 5,00,000,000 to H on October 25, 2012

(1) Around May 2013, the loan amount of KRW 10,000 is adjusted to KRW 10,000 (Evidence 1 and Evidence 9-1), and KRW 44,100,000 on October 21, 2013; KRW 15,000,000 on October 23, 2013; KRW 10,000 on October 24, 2013; KRW 79,100,000 on KRW 79,00 on October 24, 2013 (see Evidence 2-1); KRW 5,000,000 on KRW 0,00 on May 20, 2013; KRW 40,000 on KRW 40,00,000 on KRW 409,00 on KRW 409,00,00 on KRW 400,00 on the remainder of the loan amount of KRW 300,504,00 on the loan.

B. Defendant B’s assertion (1) merely borrowed a total of KRW 74,100,000 from the Plaintiff for total of KRW 10,000,000 (Evidence A) by adding up the money transferred to Defendant C’s account. Defendant B written out on October 23, 2013 as to KRW 5,000,000, which Defendant B received on October 25, 2012, and KRW 15,000,000, which was remitted to Defendant C’s account on October 23, 2013.

The lower end of the Defendant B’s name at the lower end of the instant notes was forged.

Defendant B’s signature at the bottom of evidence No. 11 on March 22, 2016 at the date of pleading on March 22, 2016.

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