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(영문) 대전지방법원 2018.08.22 2017가합296
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On October 24, 2012, the Defendant entered into a contract to purchase the purchase price at KRW 700,000,000 in the name of Kusan-gun, Kusan-gun and G land (hereinafter “instant land”). On the same day, upon D’s request, transferred KRW 80,000,000 out of the down payment KRW 10,000,000 to the head of Tong in the name of Do. On October 30, 2012, the Defendant transferred the remainder of the down payment to the head of Tong in the name of Do.

On December 23, 2012, the Defendant drafted a new sales contract with the seller, E, the buyer, and the sales price of KRW 700,000,00 on the same day, and entered into a special contract with the effect that “the remainder amount shall be paid at KRW 150,000,000 on February 6, 2013, and shall be substituted by the acquisition of the right to collateral security (270,000,000) and the second collateral security (creditor A).” On February 6, 2013, the Defendant paid KRW 150,000 to E. On the same day, the Defendant completed the registration of the establishment of the right to collateral security (the Plaintiff shall be the mortgagee, and the maximum debt amount shall be KRW 230,00,000 on the same day).”

The Plaintiff filed an application for voluntary auction with the Daejeon District Court H on the instant land based on the foregoing right to collateral security, and the Daejeon District Court prepared a distribution schedule with the content that the Plaintiff received dividends of KRW 310,00,000,000, and KRW 230,000,000 for the first priority Nonghyup Bank Co., Ltd. in the above voluntary auction procedure. The Plaintiff received dividends of KRW 230,000,000.

On the other hand, D, his father, received a supply of the instant land-based construction work from the Defendant (hereinafter “instant construction work”).

In addition, on February 5, 2013, the Defendant prepared a loan certificate stating that “the rent of KRW 230 million, the due date for payment: the debtor: the defendant and the creditor: the plaintiff on April 30, 2013.” On February 6, 2013, the Defendant prepared a loan certificate stating “the rent of KRW 230 million, the due date for payment: the debtor on March 30, 2013: the defendant, the creditor, the joint guarantor: the plaintiff, the joint guarantor: C (State) and the E contract terms.”

[Reasons for Recognition] There is no dispute.

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