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(영문) 인천지방법원 2015.09.23 2015가단212663
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion asserts as follows as the ground for the claim of this case.

The defendant, who was the head of the association of the association of the association of the association for the D Housing Reconstruction and Rearrangement Project Association on the land outside the Nam-gu Incheon Metropolitan City, was the actual operator of the E Co., Ltd. (the representative F; hereinafter referred to as the "E") who was in charge of the construction and sale of the above apartment, and requested G to lend money at the time when he is obligated to pay the partnership contributions to G, and pressure by means of delaying the transfer of partnership contributions if G fails to comply therewith, and E, without any choice, inevitably determined that 16,00,000 won, which is a sum of five times between June 30, 2010 and February 2, 2012, was completed at the time when he/she completed the construction of the above apartment and completed the registration of ownership transfer as to the defendant's share (1204) in the name of the defendant.

On December 31, 2014, E transferred the above loan claims against the Defendant to the Plaintiff, and then notified the Defendant of this at that time.

Therefore, the defendant is liable to pay to the plaintiff the above 116,00,000 won and damages for delay.

2. Determination:

A. In full view of the purport of the pleadings as a whole, the facts that the Defendant, without any other party, prepared a receipt stating that he/she received KRW 30 million on June 30, 201, KRW 30 million on December 29, 201, KRW 200 million on December 30, 201, KRW 30 million on December 11, 201, KRW 30 million on February 23, 2012, KRW 200 million on the account of the E’s national bank account, KRW 200,000 on June 30, 201, KRW 200,000 on June 30, 201, KRW 200 on the account of the E’s bank account with KRW 200,000 on February 23, 201, KRW 200 on June 21, 2020 on the account of the E’s bank account with the same KRW 201 million on June 28, 201.

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