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(영문) 수원지방법원여주지원 2019.02.21 2018가단2594
대여금
Text

1. The Defendant’s KRW 19,400,000 for the Plaintiff and 12% per annum from December 14, 2016 to February 21, 2019.

Reasons

1. Basic facts

A. On January 6, 2010, the Plaintiff’s wife (hereinafter “instant land”) completed the registration of ownership transfer with respect to the land D 386 square meters (hereinafter “instant land”). On November 18, 2010, the Plaintiff completed the registration of ownership transfer with respect to the E-building building with the sixth floor above the instant land (hereinafter “instant building”). On February 10, 2016, upon the Defendant’s introduction, sold the instant land and the instant building in KRW 1.8 billion to F, etc.

B. On February 15, 2016, February 1, 2018, and February 28, 2018, the Plaintiff and B purchased a part of shares in the G Forest 45,929 square meters (hereinafter “instant forest”) over three occasions, Echeon-si, Echeon-si, for the purpose of building and selling the house for which the entire housing was built through the Defendant’s introduction.

C. B transferred KRW 16.2 million to the Defendant on May 17, 2016.

On October 17, 2016, the Plaintiff, respectively, remitted to the Defendant KRW 20 million, KRW 19.4 million on December 13, 2016, KRW 19.4 million on March 22, 2018, and KRW 8.72 million on March 22, 2018.

[Evidence Evidence: Evidence Nos. 1, 3, and 4 (including paper numbers; hereinafter the same shall apply)

(ii)each entry of evidence Nos. 1 and 10 and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. In light of the respective descriptions of evidence Nos. 1 through 10 as to the claim for loans of KRW 20 million as of October 17, 2016, it is insufficient to recognize that the Plaintiff was a loan of KRW 20 million to the Defendant solely with the statement of evidence No. 1, 200,000,000 that the Plaintiff remitted to the Defendant on October 17, 2016, and there is no other evidence to prove otherwise.

B. In light of the purport of subparagraph 2 and the entire pleadings as to the claim amounting to KRW 19,40,000 as of December 13, 2016, when collecting the purport of subparagraph 2 as to the claim amounting to KRW 10,000,000,000,000,000 from the Defendant on December 13, 2016, the Plaintiff is recognized as having lent to the Defendant on December 13, 2016 by setting the interest monthly and the due date on March

According to this, the Defendant shall pay to the Plaintiff the amount of KRW 19.4 million and the amount from December 14, 2016 to the point of view that it is reasonable for the Defendant to dispute about the existence and scope of the obligation to repay to the Plaintiff at the rate of KRW 12% per annum, which is the date the instant judgment is rendered until February 21, 2019, and the next day.

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