(영문) 수원지방법원 2017.09.22 2016가단16722

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(영문) 수원지방법원 2017.09.22 2016가단16722

대여금 등

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1. The Defendant’s KRW 100,000,000 as well as 5% per annum from September 1, 2010 to March 2, 2016 to the Plaintiff.

Reasons

1. The parties' assertion

A. On February 14, 2006, the Plaintiff lent KRW 100,000 to the Defendant. The Defendant promised to repay the above loan to the Plaintiff on July 3, 2007, and written statement of August 3, 2010 to repay the above loan by August 31, 2010, respectively.

Therefore, the defendant is liable to pay to the plaintiff the loan or agreed amount of KRW 100,000,000 and damages for delay.

B. The defendant did not borrow KRW 100,000,000 from the plaintiff on February 14, 2006 and was in the United States at the time.

Plaintiff

On February 14, 2006, 100,000 won of the assertion was paid by the Plaintiff when entering into a sales contract with D church as the representative of the Defendant on land E and building on land and building on the land at the convenience of the Sinsi-si. The Plaintiff unilaterally rescinded the above sales contract and handled the above KRW 100,000,000 as compensation for damages.

The document dated July 3, 2007, as of August 3, 2010, decided to invalidate between the defendant and F, which is the director of the plaintiff church, and the document dated August 3, 2010 became null and void due to the plaintiff's refusal.

2. The following circumstances acknowledged by adding up the whole purport of arguments to Gap evidence Nos. 1 to 3, Eul evidence Nos. 4 and witness G testimony, namely, ① from G’s account that was the representative of the plaintiff church at the time of February 14, 2006 to the withdrawal of KRW 100,000,000 as check; ② G lent KRW 100,000 to the defendant and did not correspond to the sales contract; ③ on July 3, 2007, the defendant agreed on July 3, 2007 to pay the above amount to the plaintiff KRW 10,000,000 per day (10,000,000) in addition to receiving compensation for about 100,00,000 won in H’s site at the time of the principal’s consent to pay the above amount first, but instead to use it for other purposes, if the above promise is violated, all civil and criminal liability commitments will be committed.

In addition, the depth of the above amount has not been paid so far, and the nature of the A.I.D. shall be the thickness.

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