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(영문) 부산지방법원동부지원 2015.11.12 2014가단217220
기타(금전)
Text

1. The Defendant: (a) KRW 108,784,714 for the Plaintiff and 5% per annum from January 13, 2015 to November 12, 2015; and (b) for the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff (1) borrowed KRW 16,000,000 from the Defendant at the beginning of 2004, and again borrowed KRW 34,000,000 in order to repay the Defendant’s obligations to C around December 2004.

② On December 7, 2004, the Plaintiff and the Defendant transferred the Plaintiff’s name, in order to secure the Plaintiff’s loan funds to the Defendant, 53 square meters prior to E, 301 square meters prior to F, and 1,078 square meters prior to G, which are owned by the Plaintiff under the Plaintiff’s name, (hereinafter “instant land”).

③ On May 23, 2007, the Plaintiff agreed to additionally borrow KRW 5,000,000 from the Defendant, and that the Defendant and the Defendant sold the instant land to repay the entire debt and return the remainder to the Plaintiff.

④ The Defendant does not sell the instant land up to now. The Defendant is obligated to pay to the Plaintiff the amount calculated by subtracting the total of KRW 55,000,000 from the market value of the instant land at KRW 200,480,000, interest of KRW 33,000,000, the total of KRW 88,000,000, and the amount of KRW 112,480,000,000, and the amount calculated by applying the rate of 17% per annum from November 1, 2014 to the date of full payment.

B. The Plaintiff borrowed KRW 16,00,000 from the Defendant at the beginning of 2004, and again borrowed KRW 36,200,000 in order to repay the Defendant’s debt to C around December 2004.

② On May 23, 2007, the Plaintiff borrowed an additional loan of KRW 5,000,000 from the Defendant on May 23, 2007, and agreed to transfer the ownership of the instant land to the Defendant finally.

④ Since the Defendant lawfully acquired the ownership of the instant land, it is not obligated to pay the money claimed by the Plaintiff.

2. Determination

A. In full view of the overall purport of the pleadings in the Plaintiff’s loan obligations against the Defendant, Gap evidence Nos. 1, 6, Eul evidence Nos. 1 through 4, and 6 (including branch numbers), the Plaintiff’s total purport of the pleadings is as follows: (a) 16,00,000 won on January 1, 2004; (b) 36,00,000,000 won on December 1, 2004; and (c) 5,00,000,000 won on May 23, 2007.

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