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(영문) 서울고등법원 2015.05.15 2014나2001933
대여금 등
Text

1.On the basis of a change in exchange at the time of the trial, the primary claim shall:

A. The defendant shall pay 300,000,000 won to the plaintiff.

Reasons

1. The facts below the basis facts are either in dispute between the parties or in accordance with Gap evidence 1 to 7, Gap evidence 10, 11-1, 2, Gap evidence 18, 19, Eul evidence 3, 9, 10, and 11-1, respectively. The facts below the basis facts are acknowledged by adding together the whole purport of the pleadings.

[1] The ownership transfer registration was completed in the D future with respect to the land of this case on October 7, 201, the Plaintiff entered into a contract with the Defendant on behalf of the Plaintiff for purchasing KRW 750,000,000 for the instant land.

In the above sales contract, the intermediate payment of KRW 30,000,000 on the date of the contract, the intermediate payment of KRW 500,000,000 on October 14, 201, and the remainder of KRW 220,00,000 on December 2, 201, were paid respectively on the date of the contract, and the intermediate payment was agreed to be paid by the Plaintiff upon the loan.

On October 7, 2011, the Plaintiff paid the Defendant the down payment of KRW 30,000,000.

[2] On October 14, 201, the Plaintiff failed to obtain a loan and did not pay KRW 500,000,000 for the intermediate payment until October 14, 201, and around October 31, 201, the Plaintiff offered KRW 300,000,000 from I as a broker by the Defendant.

On October 31, 2011, the Plaintiff entered into a contract with the Defendant on October 31, 201, under which the payment date of intermediate payment was October 31, 201, and the said payment date of intermediate payment was changed into December 28, 201, respectively.

(2) The Plaintiff paid KRW 300,000,000 out of the intermediate payment of KRW 500,000 to the Defendant on October 7, 2011 and the revised contract of October 31, 201.

[3] As the Plaintiff failed to provide money, the Plaintiff did not pay the remainder until December 28, 201, and agreed to cancel the previous sales contract with the Defendant who represented D on February 3, 2012.

At the time, the Plaintiff, while denying the down payment of KRW 30,000,000, prepared a document (Evidence No. 3) stating that “a letter of renunciation” was “a letter of renunciation” to the Defendant.

On the other hand, the defendant agreed to return the above intermediate payment of KRW 300,000 to the plaintiff.

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