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(영문) 광주고등법원(제주) 2016.04.27 2015나1453
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 139,730,000 and KRW 100,000 among them.

Reasons

1. Basic facts

A. From July 10, 2008 to December 26, 2008, the Plaintiff paid the Defendant totaling KRW 165,024,930 on several occasions as follows.

. Amount: 10,00,00 . 0. 10, 208. 10, 208. 10, 2008. 20, 200,00 on November 17, 2008; 5,000 on 08. 22, 437, 2008. 6. 17, 208. 10, 208. 10, 208. 10, 208. 10, 208. 10, 208. 10, 200, 208. 10, 30, 208. 10, 30, 200, 300, 300, 300, 200, 200, 300, 30, 200, 2008.

B. On March 23, 2009, the Defendant drafted a cash custody certificate stating that “10,000,000 won” (hereinafter “the cash custody certificate of this case”) shall be deposited with the Plaintiff on the following grounds: (a) the Defendant shall be liable for the amount of KRW 100,000 after the auction; (b) the Defendant shall be liable only for the amount of KRW 100,000,000,000; and (c) shall not claim other expenses.”

C. On April 16, 2009, the Plaintiff filed an application for provisional attachment against real estate of KRW 154,437,00 (the amount excluding the amount less than KRW 165,024,930 out of the above amount of KRW 165,000) with Jeju District Court Decision 2009Kahap182, and with respect to the F apartment 107, 403, and 1605, G building in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, Seoul, Seoul, for provisional attachment against the real estate of KRW 154,437,00 (the amount less than KRW 165,00,000 out of the claimed amount of KRW 10,000,000, the above court partly cited the provisional attachment and decided to dismiss the remainder of the application.

On June 24, 2010, Suwon District Court rendered a decision to commence the auction as to F apartment Nos. 107 and 403 as H on June 24, 201, and the Plaintiff received dividends of KRW 57,109,153 as a person entitled to provisional attachment in the distribution procedure on March 14, 201.

In addition, the Seoul Western District Court.

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