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Reasons
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(영문) 춘천지방법원 2014.09.02 2013가단17004
대여금
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1. The defendant shall pay 39,00,000 won to the plaintiff and 20% per annum from May 22, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 1, 2007, the Defendant: (a) around the first half of 2007, planned to invest KRW 50 million in the Plaintiff; and (b) the Defendant planned to invest KRW 20 million in KRW 30 million in the Plaintiff; (c) the Plaintiff would resell each of the land of this case and pay KRW 50 million to the Plaintiff the purchase price of KRW 6,00,000,000 for KRW 210,000,000,000,000 from the seller’s name; and (d) the Defendant would also have invested KRW 30,000,000,000,000,000,000 won; and (e) the Plaintiff would have invested in KRW 30,000,000,000,000.

B. Accordingly, the Defendant received 30 million won from the Plaintiff on October 6, 2007 as deposit from the Defendant’s account under the name of the Defendant.

C. The defendant also 40 million won from J on September 5, 2007, and the same month.

7. K received KRW 30 million from K, KRW 110,70,000 from J on November 22, 200 of the same year, and KRW 1 million from K on November 23, 200, from the Defendant’s name, and the same year;

9. 17. K had K deposit 20 million won in the suspect’s creditor L account. D.

On September 1, 2007, a sales contract was prepared between C and the Defendant, J, and K to sell each of the instant lands in the amount of KRW 210 million.

E. However, on September 3, 2007, separate from the sales contract dated September 1, 2007, with respect to each of the instant lands, a sales contract with the seller’s seal affixed affixed to each of the instant lands in total of KRW 20 million, intermediate payment of KRW 60 million, remainder of KRW 30 million, and KRW 60 million, and KRW 10 million, with respect to each of the instant lands succeeded to the secured obligation of KRW 60 million and KRW 10 million, and with respect to each of the instant lands, a sales contract with the seller’s seal affixed to sell and purchase each of the instant lands.

F. However, the above sales contract for each land of this case was not implemented properly, and the auction procedure for each land owned by C was not conducted voluntarily.

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