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(영문) 춘천지방법원 2019.08.21 2018나53228
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The transferor: The defendant (the "C", the name of the defendant before the opening of the name; hereinafter referred to as "the defendant"), the transferee, and the indication of the transfer claim: The indication of the plaintiff and the transfer claim: Land E, F, G, H, I, and J’s land expropriation amount, and indication of the transfer claim amount: 18 million won out of the compensation of the above land, written on May 26, 2004, stating that "the transfer contract for the transfer of the claim (the certificate of No. 1; hereinafter referred to as the "transfer contract of this case") entered into on the part of the transferor's name, and the seal of the defendant's name is affixed in the transferor column.

B. “Borrower: The borrower: 0% of the amount of land to be incorporated in the road confirmation and packing works executed by the Crossing-gun, and the period of the lease: The land compensation shall be received by the Plaintiff, but the remaining amount shall be immediately returned to the Defendant, and the K. The loan certificate dated May 26, 2004 (hereinafter “the loan certificate of this case”) stating “I must be prepared and sealed by the borrower,” and the seal of the Defendant and K shall be affixed on the borrower’s column.

C. K is the defendant's reference.

On December 8, 2017, according to the enforcement of the “L Road Confirmation and Packing Construction,” the Crossing-gun, M, N, F,O, and P land owned by the Defendant were acquired through consultation, and on December 18, 2017, the Crossing-gun paid KRW 88,893,00 to the Defendant for land compensation.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 3, 7, Eul evidence Nos. 6 and 7, Eul evidence Nos. 6 and 7, fact-finding inquiry and reply to the crossing of the first instance court, the purport of the whole pleadings

2. The parties' assertion

A. According to the instant claim assignment contract and the loan certificate prepared between the Plaintiff and the Defendant, where part of the land owned by the Defendant is assigned to the road and would receive land compensation from the crossing group, the Defendant shall pay the Plaintiff KRW 18 million out of the land compensation. The Crossing group actually owns the land on the road.

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