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Reasons
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(영문) 수원지방법원 2013.05.28 2012가합3503
대여금
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1. The Defendant’s KRW 146,509,106 among the Plaintiff and KRW 100,000 among them, shall be KRW 30,00,000 from April 19, 2012.

Reasons

1. Basic facts

A. The Plaintiff, along with the Defendant and C, purchased the forest land located in Dasung-gun, Gangwon-do (hereinafter “D forest”) jointly with the Defendant and C, and then again, jointly with the Defendant and C, decided to purchase the land of 14, both E and 14 (hereinafter “E land”). On October 2, 2003, the Plaintiff entered into a sales contract with the seller for E land on behalf of three buyers.

B. After the conclusion of the above sales contract, the Plaintiff paid a total of KRW 2,300,000 to the seller on behalf of three parties from April 9, 2004, and the Defendant and C remitted a certain amount to the Plaintiff, thereby sharing the sales amount.

C. On April 9, 2004, the Plaintiff and the Defendant agreed to adjust the amount to be paid by the Defendant to the Plaintiff as KRW 200,000,000 with respect to the purchase price of land E. The Defendant drafted a letter of undertaking on April 10, 2004 to the Plaintiff for the payment of KRW 200,000,000.

On June 18, 2004, the Plaintiff lent KRW 100,000,00 to the Defendant at the request of the Defendant operating the bond business. Of these, KRW 98,000,000 to the passbook in the name of G known to the Defendant under the name of F, and KRW 2,00,000 to the passbook in the name of the Plaintiff.

After lending KRW 100,00,000 to the Plaintiff, the Defendant set up the right to collateral security in the name of the Plaintiff on the real estate owned by H, and thereafter the auction was conducted on the said real estate. The Plaintiff received dividends of KRW 19,242,260 in the above auction procedure.

E. On January 24, 2005, the Plaintiff lent KRW 30,000,000 to the Defendant for a period of one month after the due date.

[Ground] Facts without dispute, Gap evidence 1-2 (a statement of undertaking, witness G's testimony and the whole purport of pleading), Gap evidence 3-1, 2-1, 4-2, Gap evidence 8-1 through 3, Gap evidence 9-1 through 6, Gap evidence 10, 14-3, Gap evidence 23-1 through 4, Gap evidence 23-1.

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