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(영문) 춘천지방법원 2015.09.23 2015가합5514
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, by investing KRW 750 million in each of them, jointly agreed to purchase D Forest land 8517 square meters (hereinafter “instant land”) in Chuncheon City from C during the term, and on May 3, 2004, the Plaintiff borrowed KRW 750 million from the Defendant on behalf of the Plaintiff who is a minor child E on May 2, 2005 (Provided, That the payment period may be extended by one year), the total amount of interest of KRW 50 million during the year is KRW 50 million (6.7% per annum).

B. The plaintiff and the defendant purchased the land of this case from the Class C of May 10, 2004, and on June 3, 2004, the registration of ownership transfer (each one-half share) in the name of the defendant and E was made with respect to the land of this case, and in order to secure the defendant's loan to E, the same month.

8. As to the portion of E out of the instant land, the registration of the establishment of a neighboring mortgage as the Defendant was completed with respect to the maximum debt amount of KRW 1.2 billion.

C. On June 14, 2004, the Plaintiff borrowed an additional amount of KRW 400 million from the Defendant on behalf of the minor E, as of May 2, 2005 (However, it may be extended by one year).

E did not pay the principal and interest of each of the above loans at the time of repayment, and the Defendant applied for voluntary auction with the Chuncheon District Court F for the shares out of the land in this case, and completed the registration of ownership transfer on August 6, 2013 for the reason of sale after receiving the award from July 4, 2013 in the procedure.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, 9, Eul evidence No. 1 (including relevant numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s cause of the instant claim is the cause of the instant claim, and the Plaintiff and the Defendant sold the pertinent land to the Gangwon University’s side at the time of appraisal of the said land in KRW 3.15 million, which is the appraised value at the time of September 4, 2009. The sales price shall be apportioned to the Plaintiff and the Defendant, 1/2, KRW 1.575 billion, each of which is apportioned by the Plaintiff and the Defendant. Here, when the Plaintiff deducteds KRW 1 billion from the Defendant (the sum of the principal and interest on the loans shall be reduced to KRW 1.2 billion or KRW 200,000,000,000.

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