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(영문) 의정부지방법원고양지원 2014.12.19 2014가합2198
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted from around 2010, the Plaintiff entered into a contract with D to sell the instant forest land of KRW 150 million to D on September 20, 2012 upon receipt of a proposal, for selling the instant forest land of KRW 268 square meters (hereinafter “the instant forest”). D, upon borrowing KRW 50 million from E to the Plaintiff, sold the instant forest land of KRW 50 million to D on the security of the instant forest of KRW 50 million. On September 20, 2012, the Plaintiff concluded a contract with D to sell the instant land of KRW 50 million after borrowing the instant forest land of KRW 50 million from E to the Defendant.

D When work on the instant land was not properly conducted and it was impossible for the Plaintiff to pay the purchase price, D introduced F to the Plaintiff as the other purchaser, and the Plaintiff entered into a contract with F to sell the instant forest land in KRW 150 million around December 2012.

The F borrowed KRW 80 million from G as collateral with the Plaintiff’s consent on December 24, 2012. The F repaid KRW 50 million borrowed from D prior to the foregoing KRW 80 million, and paid KRW 5 million to the Plaintiff as down payment.

Around March 2013, G, who did not repay the above loan, received a decision to commence the auction of the forest of this case from D and the Defendant, and the Plaintiff demanded D and the Defendant to resolve the auction problem of the forest of this case. D and the Defendant offered a proposal that “When you take over the forest of this case in order to resolve the auction of the forest of this case, you will take over the forest of this case, 10 million won to take over the forest of this case,” and on April 29, 2013, the Plaintiff received a loan of KRW 100 million on the security of No. 806 of the H building No. 801, Gyeyang-gu, Seoyang-gu, Seoul, the Plaintiff owned on April 29, 2013.

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