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(영문) 인천지방법원 부천지원 2018.11.13 2018가단109921
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. A. Around February 2015, the Plaintiff lent KRW 20 million to the Defendant. Around April 2015, the Defendant had an opportunity to seek the Plaintiff to purchase the apartment unit of the redevelopment association with an opportunity to claim for the purchase of the apartment unit of the redevelopment association. Among them, KRW 20 million is required. Of these, the Plaintiff demanded the Defendant to lend KRW 70 million in lieu of the Plaintiff’s loans as above and additionally lent KRW 20 million to the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 90 million and delay damages.

B. Even if the above KRW 70 million is not deemed as a loan, it is difficult to view it as a loan.

Even if the defendant had the right to sell apartment units of the redevelopment association, the defendant had the obligation to pay the above money as compensation for damages caused by such illegal acts.

2. Determination

A. According to the reasoning of the judgment on the claim for a loan of KRW 20 million, Gap evidence 1 and Eul evidence 4-3, the plaintiff loaned KRW 20 million to the defendant on February 25, 2015 and February 26, 2015, each of the above loans of KRW 10 million to the defendant, but the defendant asserted that the defendant agreed to use the plaintiff's purchase of redevelopment apartment right instead of paying the above loan of KRW 20 million to the plaintiff for the purchase of redevelopment apartment house. In addition to the purport of the argument in the evidence No. 4-3, the defendant introduced them by Eul and introduced them to the plaintiff at the request of the purchaser of redevelopment apartment right of KRW 4, and introduced them to sell the apartment complex of KRW 20 million to the plaintiff, and the defendant delivered the plaintiff's loan of KRW 20 million to the plaintiff, and the defendant agreed to the plaintiff's purchase of the apartment complex of KRW 70 million to the plaintiff's purchase of the above loan of KRW 90 million to the plaintiff.

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