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Reasons
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(영문) 광주지방법원 2017.01.06 2016가단12521
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff remitted total of KRW 120,000,000 to the Defendant on October 22, 2012, and KRW 120,00,000,000 on November 5, 2012.

(A) Evidence No. 1). (b)

On November 2, 2012, the Defendant concluded a contract with Nonparty C, a licensed real estate agent, to sell the purchase price of KRW 315,000,000 (contract amounting to KRW 30,000,000, intermediate payment of KRW 90,000,000, and the remainder of KRW 195,00,000 (hereinafter “instant contract”).

C. On December 27, 2012, the Defendant received the remainder of KRW 155,00,000 from Nonparty C, deducting deposit of KRW 40,000 from the remainder of KRW 195,00,000,000, from Nonparty C

(1,2) No. 5 (1,2) d.

On December 27, 2012, the Defendant completed the registration of ownership transfer on the ground of the 'sale on November 2, 2012' to Nonparty C, after receiving the full payment of the purchase price under the instant sales contract from Nonparty C.

(A) Evidence Nos. 3-1, 2, / [Grounds for Recognition] 1, 3, 3 and 5 (including each number), part of Evidence Nos. 5, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. (1) The Plaintiff’s assertion (1) lent KRW 30,00,000 to the Defendant on October 22, 2012 as the interest rate of KRW 2% per month and the due date of repayment on November 21, 2012. ② On November 5, 2012, the Plaintiff lent KRW 90,000,000 to the Defendant on December 4, 2012. As such, the Defendant is obliged to pay to the Plaintiff a total of KRW 120,000,000 for the purpose of loan or return of unjust enrichment, and the agreed interest thereon.

(2) On October 2012, the Defendant asserted that: (a) concluded a contract to sell the instant real estate to the Plaintiff at KRW 315,000,000; (b) the Plaintiff paid KRW 30,000,000 as the down payment on October 22, 2012, and KRW 90,000 as the intermediate payment on November 5, 2012; (c) Nonparty C acquired the buyer’s status after taking over the buyer’s status; and (d) Nonparty C transferred on December 27, 2012.

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