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(영문) 수원지방법원 2019.06.18 2018나68735
대여금
Text

1. Of the judgment of the court of first instance, the part against Defendant B, which exceeds the following amount ordered to be paid, shall be revoked.

Reasons

1. Basic facts

A. On April 2010, Defendant B received a decision to permit the sale of Pyeongtaek-si E-type 9,348 square meters (hereinafter “instant land”) which is the object of the auction in the case of the auction of the D Real Estate in Pyeongtaek-gu Housing Site in Suwon District Court (Seoul District Court).

B. On October 20, 2010, Defendant C, the private village of Defendant B, borrowed KRW 200 million from the Plaintiff (hereinafter “the loan agreement of this case”), and prepared a loan certificate (hereinafter “the loan certificate of this case”) to the Plaintiff. The loan certificate of this case states that “I will make advance payment of principal and interest KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

C. On October 20, 2010, the Plaintiff transferred KRW 200,000 to the above national bank account of Defendant B.

On December 7, 2010, Defendant B completed the registration of ownership transfer based on the sale due to voluntary auction on the instant land, and on March 31, 201, Defendant B completed the registration of ownership transfer on April 7, 201, after selling the ownership site to H, a sectional owner of the F building on the instant land, who was a sectional owner of the instant land.

E. On March 1, 2014, Defendant B paid KRW 30,000,000, out of the principal of the instant loan amount of KRW 200,000,000 to the Plaintiff.

F. On March 19, 2014, the Plaintiff, while entering into a new agreement with Defendant B on the instant loan (hereinafter “instant agreement”), drafted a letter of commitment with the following content (hereinafter “instant letter of commitment”).

(1) A debtor shall pay 30 million won out of the outstanding debt (won) 200,000,000,000,000 170,000,000 and 200,000,000 non-loan amount as of the balance of debt as of the total A total amount of debt and debt (20,000,000,000 won) ① The debtor B shall be the underground set of F building E in Gyeonggi-do, such as the previous verbal promise made with A.

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