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(영문) 광주지방법원 순천지원 2018.07.11 2017가단7839
대여금
Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 50,000,000 and the interest rate thereon from April 11, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 3 (including a serial number), the defendant entered into a contract for a monetary loan loan agreement with D on March 1, 2017 with the 12 household units located in the area E in the area of Jeonbuk-gun (hereinafter "the instant contract") and agreed to pay the down payment amount of KRW 50 million until March 3, 2017, and the plaintiff entered into a contract for a sales contract with D on March 15, 2017 (hereinafter "the instant contract for sales contract") with the 12 household units located in the area of Jeonbuk-gun, Chungcheongnam-gun, North Korea (hereinafter "the instant real estate"), and the fact that the plaintiff transferred the money loan amount of KRW 50 million to the defendant on March 15, 2017, and the due date for payment of KRW 15% per annum on April 10, 2017 (hereinafter "the instant loan for consumption") and joint guarantee is recognized by the plaintiff.

Therefore, barring special circumstances, the Defendant is jointly and severally liable with C to pay to the Plaintiff the amount of KRW 50 million and delay damages calculated at the rate of KRW 15% per annum from April 11, 2017 to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant asserts that the monetary loan contract of this case is conditional contract, and on the following grounds, the monetary loan contract of this case is null and void.

1) According to the instant sales contract concluded between the Defendant and D, the sales contract becomes null and void if the down payment of KRW 50 million is not made until March 15, 2017. As such, the instant monetary loan contract was concluded on the condition that the Plaintiff transfer the full amount of KRW 50 million to the account in the name of D until March 15, 2017, and the Plaintiff paid KRW 5 million among them on March 16, 2017. 2) The instant sales contract condition that the Plaintiff delegates the sales of the instant officetels to the Defendant.

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