logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.12.16 2014나2052474
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. A. Around March 2009, the Plaintiff, a business entity, sold D land owned by the Plaintiff for KRW 300 million from the Defendant, a business entity, who was the Plaintiff, to sell the purchase price for KRW 188.5 square meters (hereinafter “D land”). Accordingly, the Plaintiff concluded a loan agreement with the Defendant to listen to horses and lend KRW 300 million to the Defendant. Even if the actual purchase price of D land is less than KRW 300 million as alleged by the Defendant, the amount agreed upon by the Plaintiff and the Defendant is KRW 30 million, so the Defendant is obligated to pay the Plaintiff the loan amount of KRW 30 million and delay damages. (2) The Defendant agreed to sell D land owned by the Plaintiff and borrow the purchase price, and the sale price was set at KRW 230 million at the time when the Plaintiff was delegated to sell the land by the Plaintiff.

However, since the purchase and sale of D land is not easy, first of all, with the Plaintiff’s permission, the above land was loaned from the bank as collateral and used the loan amounting to KRW 238 million. It was 21,919,444 won calculated by subtracting capital gains tax of KRW 16,080,556 borne by the Defendant from the above purchase price.

B. As alleged in the Plaintiff 1, we examine whether the Defendant agreed to lend the purchase price of D land at KRW 300 million to the Defendant.

According to Gap evidence Nos. 4 and 6, the defendant, from March 24, 2009 to September 30, 2012, paid 100,000 won each month to the plaintiff, and from November 1, 2012 to November 30, 2013 each month, respectively, to the plaintiff. The defendant prepared a draft of the contract to establish a right to collateral security with the plaintiff, the mortgagee, the plaintiff, and the debtor, as well as the debtor, as the defendant on August 17, 2009.

arrow