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(영문) 인천지방법원 2017.11.02 2016가단50268
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, upon the introduction of C, borrowed KRW 100 million from the Defendant, and received KRW 80 million after deducting interest, commission, and registration expenses, on condition that provisional registration is made with respect to the apartment owned by the Plaintiff.

However, even though the Plaintiff received only KRW 27 million from the Defendant, the Plaintiff paid KRW 120 million to the Defendant in complex monetary transactions and real estate issues.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 73 million ( KRW 120 million - KRW 47 million with the obligation to repay) and damages for delay.

2. Facts of recognition;

A. The Plaintiff lent money to D. However, the Plaintiff became aware of the fact that the Plaintiff was an employee of L/C companies (hereinafter “P/C companies”).

On October 12, 2009, the Plaintiff borrowed 120 million won from the Defendant as a broker, 3% of interest per month, and 3 months after the due date for repayment (hereinafter “the instant loan agreement”), and on the same day as security, the Plaintiff completed the registration of the right to claim ownership transfer in the Defendant’s future with respect to the Gangnam-gu Seoul E Apartment 104 Dong 503 (hereinafter “the instant apartment”).

B. Upon C’s request, the Defendant transferred KRW 20 million from October 12, 2009 to the Plaintiff’s account via Chok F account.

In addition, the defendant issued a cashier's check of KRW 70 million to C on the same day, but D was paid money equivalent to KRW 30 million out of the above cashier's check by the new bank on October 13, 2009.

C. The Defendant deposited KRW 30 million on October 20, 2009 into a speculative account, and received KRW 7.2 million on the same day as a prior interest in the two-month period from the speculative account.

C on October 20, 2009, in the name of the Defendant, deposited KRW 7 million after deducting the above interest, registration expenses, and fees from the Plaintiff. D.

On January 14, 2010, the Plaintiff sold the apartment of this case to G and H. On the same day, the Plaintiff issued a cashier’s check of KRW 130 million to the Defendant.

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