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(영문) 서울중앙지방법원 2016.09.01 2014가합20405
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The issues of the instant case and the allegations of the parties

A. The key issue of this case is ① whether there was an actual loan agreement between the parties, such as the monetary loan agreement entered into between the Plaintiff and the Defendant (Evidence A 1; hereinafter “the instant contract”), and ② if it is impossible to believe the text of the instant contract as it is, whether the Defendant is liable to repay KRW 100 million, which was paid by the Plaintiff as the expenses for hospital takeover, around June 2004, and ③ whether the Plaintiff lent KRW 80 million to the Defendant around August 16, 2006, around August 16, 2006.

A A

B. The plaintiff's assertion 1: The contract of this case was prepared by the defendant in advance at the time of borrowing the construction cost of KRW 80 million from the plaintiff around August 16, 2006, and the loan amount of KRW 180 million including the loan amount of KRW 100 million around June 2004 as follows.

The defendant also agreed to make the contract of this case and pay interest.

② A loan of KRW 100 million: around June 2004, the Plaintiff’s wife C and the Defendant got married to the Plaintiff, saying that it is necessary to take over an immigration control hospital, and KRW 50 million was divided into two occasions and lent KRW 100 million in total.

③ Loaning KRW 80 million: the Defendant established D from around 2006, and asked to lend money needed to pay the construction price rapidly after commencing the business of constructing and selling the hospital building at the time of Osan-si in Gyeonggi-do, thereby lending KRW 80 million in cash around August 16, 2006.

Therefore, the contract of this case was prepared in a true manner, and the defendant is obligated to pay the plaintiff a loan of KRW 18,000 and interest and delay damages.

C. The defendant's assertion ① The contract of this case is not made with respect to the amount loaned by the defendant from the plaintiff, but with respect to the sale price and tax under the contract of commercial buildings sold in lots on the part of the plaintiff.

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