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(영문) 서울남부지방법원 2019.01.10 2017가단236262
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs, D, and the defendant operated the real estate brokerage office of the trade name "G" in the name of the defendant from May 2009 to May 22, 2009 (hereinafter "instant store") in Guro-gu Seoul apartment shopping district F (hereinafter "instant store"), and the defendant closed the said brokerage office on October 22, 2015.

The Defendant completed the registration of transfer of ownership under the name of the Defendant on August 1, 2012 with respect to the instant store on the grounds of sale as of April 16, 2012, and completed the registration of transfer of ownership on August 7, 2015 with respect to the Plaintiff A’s right to claim transfer of ownership on the grounds of the same date reservation.

As to the instant store, on September 28, 2016, upon the application for voluntary auction by the H Bank, which was a collateral security right, the lower court rendered a voluntary decision to commence the auction. On June 8, 2017, J received the instant store successful bid in the auction procedure.

Meanwhile, on May 6, 2015, Plaintiff A transferred KRW 24,000,000 to the K Bank account under the name of the Defendant, and Plaintiff B transferred KRW 20,000,000 to the K Bank account under the name of the Defendant on August 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Gap evidence 7-1, Gap evidence 8-1, 2, Gap evidence 10, Eul evidence 18, and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. In relation to the interest on the loan of the Plaintiff A and the Defendant’s insurance premium, etc., the Defendant, while operating the instant brokerage office, requested the Plaintiff A to pay the interest on the secured loan of the instant store, the Defendant’s insurance premium, etc., or to provide money with other operating funds. From 2013 to 2015, Plaintiff A lent KRW 44,737,852 to the Defendant as above. Of these, the Defendant, among them, prepared a letter (Evidence 3) stating that the Plaintiff’s interest on the secured loan of the instant store, which was paid by the Plaintiff, would be settled immediately after the sales of the instant store.

B. Plaintiff A’s loan on May 6, 2015 and Plaintiff.

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