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(영문) 대전지방법원서산지원 2016.07.21 2015가합50421
대여금
Text

1. The defendant,

A. From April 22, 2015 to July 21, 2016, Plaintiff A’s KRW 750,000 and KRW 100,000 among them.

Reasons

1. Basic facts

A. The Defendant proposed that the Defendant will fully pay the principal and interest of a loan to a financial institution under the name of the Plaintiff A by purchasing a 22,612 square meters of A forest land and 495 square meters of E (hereinafter “instant land”) and developing a house for the development of electric source (hereinafter “instant project”), while the Defendant offered the instant land as a joint purchaser and offered the instant land as security and made the purchase payment under the name of the Plaintiff A by obtaining a loan from the financial institution.

B. On August 8, 2011, Plaintiff A accepted the proposal and entered into a contract as a co-owner of the instant land, and completed the registration of ownership transfer with respect to 1/2 shares in his/her own name. On October 6, 2011, Plaintiff A borrowed KRW 650 million from Daeho Agricultural Cooperative in his/her own name and remitted money to F, the owner of the instant land, as the Defendant instructed.

C. The Defendant recommended the Plaintiff B, the husband of the Plaintiff, to make an investment due to the shortage of the instant business funds, and the Plaintiff B entered into an investment agreement with the Defendant that “the Plaintiff B shall invest KRW 450 million to the Defendant, and shall return KRW 950 million to the principal in order until the completion of the instant business until the completion of the business (hereinafter “instant investment agreement”), including the amount of KRW 50 million,000,000,000,000,000,000,000,000 in total, from July 13, 2011 to August 31, 2011, the Defendant converted the amount of KRW 449,50,000,000,000 to the Defendant as the amount of investment.

A. The payment was made.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3-1, 2, 4-1 to 4-4, and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the principal and interest of a financial institution as to Plaintiff A’s claim, the Defendant is obligated to pay Plaintiff A KRW 650,000,000,000 that it received from Plaintiff A under his name.

Plaintiff

A. The Defendant.

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