(영문) 부산지방법원동부지원 2014.07.18 2013가합101479

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(영문) 부산지방법원동부지원 2014.07.18 2013가합101479

대여금

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1. The Defendant shall pay to the Plaintiff KRW 220,00,000 as well as 20% per annum from January 1, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. (1) The Plaintiff’s money lending, etc. (1) around January 2013, the Plaintiff established and operated a sanatorium with the Defendant and C, and the Plaintiff decided to respectively invest KRW 80 million, KRW 200 million, and KRW 300 million.

(2) On February 2013, the Plaintiff and the Defendant agreed to lend money to the Plaintiff that the Plaintiff would not make an investment due to disputes arising from the fact that the Defendant would make an investment of KRW 300 million, not in cash, with medical equipment, etc.

(3) After that, around March 4, 2013, the Plaintiff loaned KRW 600 million to the Defendant. To secure this, the Defendant agreed to provide the Plaintiff with KRW 200 million and KRW 6604,00,00 owned by the Defendant’s wife D (hereinafter “instant real estate 1”) and the F apartment No. 2302,00,00 Busan Shipping Daegu (hereinafter “2 real estate”).

(4) On March 13, 2013, pursuant to the instant agreement, the Plaintiff transferred KRW 70 million to the bank account in the name of the Defendant, and KRW 15 million to the bank account in the name of the Defendant’s wife on May 2, 2013.

B. (1) The Defendant did not offer the instant 2 real estate offered as security to the Plaintiff and completed the registration of transfer of ownership on March 28, 2013 in the name of G on May 15, 2013, without offering it as security.

(2) Although the Plaintiff discovered it and requested the Defendant to return the above KRW 200 million, the Defendant rejected it, the Defendant filed a criminal complaint against the Defendant on the charge of fraud, etc., but the Defendant was rendered a decision of non-guilty suspicion on the ground that the Defendant kept the above KRW 150 million in the account of the wife, while the Plaintiff filed a criminal complaint against the Defendant on the charge of fraud, etc.

(3) The Defendant withdrawn KRW 150,000,000, which was kept in the account in the name of the wife in the above criminal case.

[Ground of recognition] Unsatisfy, A(1) through (3)

유사 판례

-부산지방법원 동부지원 2014.7.18. 선고 2013가합101479 판결

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