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(영문) 전주지방법원 2020.12.03 2019나8057
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The Plaintiff’s assertion: (a) the Defendant borrowed money from the Plaintiff from August 2014 to June 2017, and received KRW 30,000,00 as of June 27, 2017; (b) the Plaintiff and the Defendant agreed to sell the purchase price of KRW 295,00,000 for the purchase price of KRW 295,00,000,00 for the apartment house on the fourth floor (hereinafter “D building”) with the Defendant on the same day; (c) the Defendant was obligated to pay the Plaintiff KRW 149,00,000,000 for the lease deposit with the Plaintiff as of June 27, 2017; and (d) the Defendant was obligated to pay the remainder of the purchase price to the Plaintiff at the Plaintiff’s request for the purchase price of KRW 149,00,000 for the lease deposit with the lessee; and (d) the Defendant was obligated to pay the Plaintiff the remainder of KRW 100,000,000 for the lease.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 136,00,000 (i) borrowed money of KRW 30,000,000 (ii) and KRW 136,000,000 from August 18, 2015, (i) borrowed money of KRW 30,000,000 from June 27, 2017 to April 11, 2019, the agreed interest rate of KRW 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of delivery of a copy of the application for change of the claim.

2. Determination

A. The reasoning for this part of the judgment of the court on the remaining claim for payment of the purchase price of D building is stated.

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