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(영문) 대구지방법원 안동지원 2017.04.27 2016가합124
대여금
Text

1. The defendant shall pay 1,020,000,000 won to the plaintiff and 15% per annum from July 9, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff’s ancillary C came to know the Defendant through a smartphone hosting app on the early June 2015, and the relationship with the Defendant was rapidly higher, and became to teach the Defendant since July 2015.

B. C and the Defendant purchased a building located at the time of permanent residence in early September 2015 and agreed to jointly engage in a real estate rental business (hereinafter “instant business agreement”). Accordingly, on September 11, 2015, as a joint purchaser, purchased the sales price of KRW 2.4 billion from E, E, 446.3 square meters and its ground-based building (hereinafter “instant commercial building”), F, F, F, 170.4 square meters and 56.8/170.4 square meters in permanent residence (hereinafter “instant commercial real estate”), and purchased the sales price of KRW 2.5 billion on the date of the contract, the first intermediate payment of KRW 250 million on October 31, 2015, and the intermediate payment of KRW 250 million on the intermediate payment of KRW 250,000,000,000 on the remainder of each contract.

The defendant paid 10 million won out of the down payment to D on the same day.

C. C transferred to D, on September 12, 2015, KRW 15 million out of the down payment under the name of the Defendant, and KRW 25 million out of the down payment under the name of C, respectively.

C and the Defendant opened a new bank account (Account Number G; hereinafter “instant account”) under the Defendant’s name on September 15, 2015, and on the same day C deposited KRW 100 million and the Plaintiff deposited KRW 75 million into the instant account, respectively.

C and the Defendant wired KRW 75 million out of the down payment to D’s account from the same day, and separately remitted KRW 75 million out of the down payment to D on the same day.

Accordingly, C and the defendant completed the payment of the down payment of KRW 200 million to D.

E. On October 20, 2015, the Plaintiff deposited KRW 125 million into the instant account on the same day, and C transferred KRW 75,000 (=75 million x 1/1000) from the instant account under the name of the Defendant to the Plaintiff’s name as interest.

F. C and the Defendant shall file an objection on October 21, 2015.

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