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(영문) 수원고등법원 2020.02.19 2019나14710
기타(금전)
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

A. The G Regional Housing Association (hereinafter “G Association”) was established around August 2007 to carry out the project of constructing multi-family housing (hereinafter “instant project”) on L and 234 parcels in the Hanam-si.

H Co., Ltd. (hereinafter “H”) is an executing agent of the instant project.

B. On October 23, 2007, the Plaintiff transferred KRW 150 million to the account under the name of E Co., Ltd. (hereinafter “E.”). On October 23, 2007, the Plaintiff received a delivery of KRW 150 million to the account under the name of E and H (hereinafter “instant transfer”) (hereinafter “instant transfer”), and the “G association apartment payment certificate” issued on October 23, 2007 in the name of H, the husband, F.

Matters stipulated in the special agreement on the above advance payment certificate shall be as follows:

1. Amount claimed: Amount of KRW 150 million per day;

2. Apartment square: A square meter of 109.21 square meters per household;

3.The advance payment certificate shall be payable on a five-month interest rate for two months from the date of receipt for the security.

4. It shall be permitted to move into the sale price without any more than the amount to be paid at the time the performance of the commitment for two months is known.

5. The instruments shall be limited to those who are qualified as partners.

C. On the other hand, on May 13, 2008, a letter of confirmation was prepared in E’s name as follows:

(hereinafter referred to as “instant confirmation”. “A” means “B (F)” to borrow a total of KRW 150 million per day from G association’s apartment as collateral and to apply the interest rate of KRW 50 million per month; however, it remains with a total of KRW 14 million per day, including the principal and interest, as of April 30, 2008 due to its failure to pay the said amount by May 30, 2008, after promising the said amount to be paid monthly interest of KRW 10% per month; and on May 13, 2008, the first payment of KRW 35 million per day of payment; and at the same time, the interest of KRW 90,000 per day shall be borne by “A” until the full settlement of the expenses and interest is paid.

Around that time, Defendant E’s former work.

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