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(영문) 의정부지방법원 2017.11.15 2016가단100799
대여금
Text

1. As to KRW 140,00,000 and KRW 60,000 among the Plaintiff, Defendant B shall be from January 6, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On January 6, 2015, the Plaintiff: (a) prepared, as security from Defendant B, a deposit amount of KRW 84 million for the sixth floor among the Dong-si E Commercial Building (hereinafter “instant commercial building”) located in the name of the Defendant D clan (hereinafter “Defendant clan”); and (b) transferred KRW 60 million among the Defendant, to the Agricultural Cooperative Deposit Account (G) in the name of the Defendant F (the Chairperson of the Defendant clan C) (hereinafter “instant lease contract”).

B. On January 8, 2015, the Plaintiff entered into a partnership agreement with Defendant B with the content that each of its own 60 million won invested to jointly operate the solar marina business establishment (hereinafter “instant marina business establishment”) to settle monthly income under mutual agreement (hereinafter “instant partnership agreement”), and paid KRW 60 million in total to Defendant B during the period from January 9, 2015 to February 9, 2015, and additionally paid KRW 20 million on March 3, 2015 (hereinafter “instant KRW 80 million”).

C. After that, around January 9, 2015, Defendant B prepared and executed a loan certificate stating that “the Plaintiff shall borrow KRW 80 million from the Plaintiff, and the period of the loan shall be three months from January 9, 2015 to April 15, 2015, the monthly interest shall be paid in the amount of KRW 1 million, and the seven floors from among the instant commercial buildings shall be provided as security” (hereinafter referred to as “the loan certificate of this case”) among the above commercial buildings in the name of the Defendant clan, the deposit amount of KRW 84 million against the 7th floor among the above commercial buildings in the name of the Defendant clan was set up and awarded.

Defendant C, as a licensed real estate agent and at the request of the Plaintiff and Defendant B, entered the relevant contents in each of the above commercial lease agreements and delivered them to them.

[Reasons for Recognition] Facts without dispute, Gap 1 to 4, 6, 7, and 9, respectively.

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