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(영문) 대전지방법원 2014.04.11 2013가단23287
청구이의
Text

1. The Defendant’s decision of performance recommendation rendered on May 10, 2013 by Daejeon District Court Decision 2013Gadan41142 against the Plaintiff was based.

Reasons

1. Facts of recognition;

A. A. Around April 28, 2011, the Plaintiff agreed to lend KRW 200 million to the Defendant by May 24, 2011 (hereinafter “instant loan”), and around that time, paid a sum of KRW 190 million to the Defendant.

B. Meanwhile, while making the instant loan, the Plaintiff agreed to sell four of the guest rooms (one room as KRW 50,000) in accord with the Plaintiff and the Defendant, and C Co., Ltd. (hereinafter “Nonindicted Company”) established by the Defendant with 100% of the Defendant’s 10% of the total guest rooms (hereinafter “the instant hotel”).

(C) The Defendant appears to have paid the purchase price of KRW 200 million to the non-party company instead of paying the loan to the Plaintiff.

On May 10, 2013, the Defendant filed a lawsuit claiming the outstanding amount of KRW 10 million against the Plaintiff, Daejeon District Court Decision 2013Da41142, the said court rendered a decision on performance recommendation that “the Plaintiff shall pay KRW 10,000 and its delay damages to the Defendant” (hereinafter “instant decision on performance recommendation”). On May 16, 2013, the said decision was served on the Plaintiff on May 16, 2013, but the said decision became final and conclusive as of May 31, 2013 because the Plaintiff did not raise any objection.

The non-party company entered into a sales contract with E/F on September 1, 201, and 1216 and 1217, respectively, of the hotel guest rooms of this case (hereinafter “1216 and the guest rooms of this case”) on the basis of the Plaintiff’s introduction. The Plaintiff received KRW 50 million each from E/F on the same day and F on the same day, and paid KRW 10 million each down payment of the down payment of the guest rooms of this case to the “KB Real Estate Trust Co., Ltd.”, a sales management trust company of the hotel of this case.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 8, 9, 10, Eul evidence No. 1, witness G testimony, the purport of the whole pleadings

2. The assertion and judgment

A. (1) 10,000 won out of the loan unpaid by the Plaintiff.

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