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(영문) 수원지방법원여주지원 2016.04.20 2015가단1569
대여금
Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual rate from March 6, 2015 to September 30, 2015.

Reasons

1. The plaintiff purchased from the defendant on January 17, 2005 the land of this case for KRW 120 million and KRW 195 square meters of Do Yang-gun, Gyeonggi-do (hereinafter "each land of this case"), and completed the registration of ownership transfer on December 21, 2012. On December 6, 2012, the plaintiff entered into a contract to sell each land of this case for KRW 120 million to the defendant on the same day (hereinafter "the sales contract of this case"), and on the same day, the defendant completed the registration of ownership transfer for KRW 100 million and KRW 120 million to the plaintiff on the same day (including Serial numbers), and on the same day, the defendant completed the registration of ownership transfer for KRW 300,000,000,000 for KRW 120,000,000 for KRW 300,000,000 for KRW 160,000 for each land of this case, and the defendant prepared and delivered the above 301,06,030,01.

According to the above facts, it is reasonable to view that the Defendant entered into a quasi-loan agreement with the Plaintiff as the object of a loan for consumption with the obligation to pay KRW 120 million for each land of this case. Since the Defendant is the Plaintiff who has repaid the remainder of KRW 60 million to the Plaintiff, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 60 million and damages for delay calculated at the rate prescribed in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from March 6, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the complaint of this case, as the Plaintiff seeks, as the Plaintiff seeks, 20% per annum from March 6, 2015 to September 30, 2015.

Article 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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