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(영문) 울산지방법원 2014.07.24 2013가합931
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the mother of the Defendant, and the Defendant is the husband of three women D (name E) among the two children of the Plaintiff, who is the husband of three women D (name E).

B. In around 2003, the Plaintiff recommended the purchase of land from the Defendant and provided the Defendant with the purchase cost of KRW 370 million by adding up the borrowed money, etc. from the foreign exchange bank, but the Defendant was guilty of both the amount.

Accordingly, the Defendant promised to pay the Plaintiff the above KRW 370 million and interest (hereinafter referred to as the “instant debt”). In order to secure the payment of the instant debt, the Defendant set the provisional registration for ownership transfer registration on November 29, 2005, No. 86097, Ulsan District Court’s Jung-gu, Ulsan District Court’s receipt of China District Court’s mid-gu Branch Office, and No. 86097, on the same day, with respect to the amount of the Defendant’s debt against the Plaintiff (hereinafter referred to as “instant provisional registration”).

C. However, the Defendant paid only KRW 20 million out of the instant debt to the Plaintiff, and did not pay interest of KRW 1.5 million monthly payment since July 31, 2008.

Meanwhile, on March 23, 2010, the provisional registration of the instant case was cancelled on the ground of the cancellation on March 22, 2010 by the Ulsan District Court No. 20891, Ulsan District Court’s receipt of the Busan District Court’s Vice Registry.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 1 and 8, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 350 million after deducting the remainder of KRW 20 million from the Plaintiff’s debt of this case, which the Plaintiff had already been paid, and delay damages therefrom, unless there are special circumstances.

B. The defendant's defense and business difficulties, which led to the failure of the defendant to pay interest to the plaintiff from August 2008, the plaintiff, who became aware of the defendant's difficult circumstances, prior to the plaintiff's husband's death.

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