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(영문) 서울중앙지방법원 2016.08.12 2016가합508947
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 23, 2006, the defendant prepared a loan certificate with the following contents that the defendant borrowed KRW 300 million from the plaintiff from the plaintiff.

(hereinafter “the loan certificate of this case”). 3. The loan amount: Three billion won (300,000,000)

4. The above-mentioned B shall assist the president in purchasing four copies of golf special membership rights in a single-lane.

- The location of a golf course: The name of a golf course: 1,220,000 square meters (18 square meters) for Hongcheon-gun C in Gangwon-do - the amount borrowed as D shall not be paid interest if it is subsidized to the said A president to specially sell four special rights for the loan amount, and shall be paid by B in preference to the amount borrowed.

The deficiency shall be paid by the chairperson of A.

In the event that the above golf course is not authorized or permitted within 2-3 years or is unable to be constructed, the borrower shall pay the principal and interest to the A Chairperson with interest of 10% per annum.

B. The Plaintiff issued 300 million won cashier’s checks to the Defendant on the same day.

C. Meanwhile, at the bottom of the Plaintiff’s own discount, the Plaintiff holds a copy of the instant loan certificate stating that “The amount of the set is repaid, but the relevant taxes shall be borne by the borrower (which shall be within 20% to 30% of the total amount).”

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

2. Determination

A. The summary of the parties' assertion 1) On May 23, 2006, the Plaintiff lent KRW 300 million to the Defendant on the terms of the loan stated in the instant loan certificate, and up to two to three years from the date of loan, D had not completed the authorization and permission or construction. As such, the Defendant is obligated to pay the Plaintiff the interest or delay damages from May 23, 2006 on the loan amounting to KRW 300 million and its interest or delay damages from May 23, 2006. 2) The Defendant, around 2002, assisted the Plaintiff to have the PF loans necessary for the redevelopment project promoted by the Plaintiff to die, and was paid KRW 30 million on May 23, 2006.

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