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(영문) 서울중앙지방법원 2018.03.16 2017가합524731
대여금
Text

1. Defendant B, C, and D jointly share the Plaintiff KRW 214,931,505 and KRW 200,000 among them, from April 1, 2017.

Reasons

1. On August 26, 2015, the Plaintiff transferred KRW 200 million to the bank account in Defendant C’s name designated by Defendant B upon Defendant B’s request that it lent KRW 200 million (hereinafter “instant loan”).

On August 26, 2015, Defendant B and C prepared to the Plaintiff a letter of commitment stating that “I will borrow KRW 200 million and repay KRW 250 million by September 30, 2015,” and that “I will, if I fail to do so, obtain a loan as security, or transfer the ownership of a house in the wife F at the time of port of tolerance.”

On May 19, 2016, Defendant C additionally prepared to the Plaintiff a written confirmation that “if the loan and interest of this case are unable to be repaid, the said Defendant transferred the ownership of the house located in G at the pre-sale city.”

The Plaintiff paid the Plaintiff KRW 60 million in total, which is KRW 20 million on March 25, 2016, KRW 20 million on December 29, 2016, KRW 10 million on November 28, 2016, KRW 10 million on December 15, 2016, and KRW 60 million on December 15, 2016.

On October 29, 2017, Defendant B, C, and D prepared a written confirmation to the Plaintiff that “Defendant D would repay KRW 230 million from November 2017 to April 2018 for the repayment of the instant loan and interest.”

On the other hand, among the real estate listed in the separate sheet on December 20, 2013, Defendant B is "the share of this case" of less than 1/2 of the ownership of Defendant B.

(B) the registration of ownership transfer based on the sale under Defendant E, the spouse, was completed in the name of Defendant E. [based on recognition]. There is no dispute, Gap 1 through 5, 7, and 8 (including each number, if any, if any; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Although Defendant E’s transfer of the instant shares from Defendant B does not constitute a title trust, the Plaintiff’s filing of the instant lawsuit against Defendant E would be eligible as a party.

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