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(영문) 의정부지방법원고양지원 2016.04.20 2015가단36481
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 90,835,280, and KRW 80,000 among them, with full payment from September 21, 2015.

Reasons

1. In fact, the Plaintiff, a principal contractor, agreed that Hanyang-gu Dayang-gu c apartment 102 Dong 1304, 26 million won, which was acquired as substitute by transfer around January 2014. Accordingly, the Plaintiff paid 51.7 million won as the down payment to Hanyang-gu Dayang-gu Kayang-gu Kayang-gu Dayang-gu 102 Dong 1304, a principal contractor.

However, it was revealed that the above apartment was not received as a substitute, and that the plaintiff paid 28 million won for the sale price of the above apartment.

B borrowed 8 million won to the Plaintiff on August 18, 2014, which was set as the date of repayment of principal until December 30, 2014, and written to the Plaintiff a loan certificate stating that delayed interest rate shall be 20%.

【Ground for Recognition: Each entry of Gap evidence 1 through 15, and the purport of the whole pleadings】

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion asserts that the sum totaling KRW 7.7 million and KRW 3 million, which are the difference between KRW 51.7 million and the actual payment of KRW 288,00,000,000, which was paid by the Plaintiff and KRW 2.8 million, should be combined to compensate for the said damages.

B. According to the above facts of determination, the above eight million won and damages for delay are jointly and severally liable by the Defendants, considering the following: (a) the process of paying the entire down payment; (b) the real estate transfer; (c) the acquisition contract was concluded with the Defendant Han-electric Power Co., Ltd.; and (d) Defendant B entered the loan certificate of eight million won.

3. Judgment on the defendants' assertion

A. The defendant Han-electric Power Co., Ltd. asserts that it did not have any joint and several sureties's debt.

In light of the following: (a) the first real estate transfer and acquisition contract was made between the Defendant Han-gun Co., Ltd.; and (b) the obligation to return the down payment, etc. paid under the contract is basically against the Defendant Han-gun Co., Ltd., the loan certificate prepared by the Defendant B.

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