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(영문) 울산지방법원 2018.08.17 2017가단15576
대여금
Text

1. Defendant C’s KRW 37,00,000 and the Plaintiff’s annual rate of KRW 5% from July 28, 2011 to July 13, 2018.

Reasons

1. Facts of recognition;

A. Defendant C was engaged in purchasing the project site for the purpose of the building project of the building project of the building site of the building site of the Ulsan-gun, Ulsan-gun, Ulsan-gun in 2007, and the Plaintiff and Defendant C borne by the Plaintiff for the purchase price of the three lots of Ulsan-gun, Ulsan-gun, E, F, and G (hereinafter referred to as “each land”) and completed the registration of transfer of ownership under the Plaintiff’s name, Defendant C agreed to purchase the land from the Plaintiff and completed the registration of transfer of ownership for the said real estate under the Plaintiff’s name.

B. On May 7, 2010, Defendant C paid KRW 200 million to the Plaintiff for the land E and received transfer of ownership of the said land. On June 16, 2010, the Defendants drafted a cash custody certificate for KRW 120 million to the Plaintiff (hereinafter “instant cash custody certificate”) and entered the said cash custody certificate in the said cash custody certificate, stating that “The said amount shall be the balance of the E trading in Ulsan-gun, and the said amount shall be paid regularly by September 30, 2010.”

Since June 17, 2010, Defendant C loaned land E as collateral and paid KRW 80 million to the Plaintiff.

C. Upon Defendant C’s request, the registration of ownership transfer was completed under H’s name as the receipt of June 16, 2010 by the Ulsan District Court No. 52989.

Since then, Defendant C prepared a written confirmation (hereinafter “instant written confirmation”) that “Defendant C would pay the Plaintiff KRW 37 million on July 27, 201, and adjust I loans (60 million) by August 31, 201,” with respect to the settlement of land price for I, G and E land (hereinafter “instant written confirmation”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 11, Eul evidence 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, Defendant C shall pay to the Plaintiff KRW 37 million until July 27, 2011, as set forth in the instant confirmation document.

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