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(영문) 대전고등법원 2017.08.18 2017나10853
대여금
Text

1.The judgment of the first instance, including the conjunctive claim added at the trial, shall be modified as follows:

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Defendant, the Plaintiff, and C, as the Defendant’s proposal around early 2010, shall be based on the land listed in attached Table No. 1 (hereinafter “D”) in attached Table No. 201, a joint investment agreement and the acquisition of ownership of Dri land (hereinafter “Dri land”).

(2) After purchasing, the Plaintiff entered into a joint investment contract with the purport of dividing profits by selling them later. Accordingly, the Plaintiff, on April 5, 2010, and C, on February 25, 2010, and April 5, 2010, respectively, entered into a share of KRW 140 million as the share of each Dri land. The Defendant purchased each of the above money and KRW 370 million as the share of KRW 370,000,000,000,000,000,000,000 won as the share of each of the above money, and completed the registration of ownership transfer in the Plaintiff’s name on April 5, 2010.

B. On April 19, 2010, the Plaintiff received two copies of the loan certificate prepared by the Defendant and C respectively from the Defendant and C, and had the Defendant withdraw KRW 400 million from the passbook in the name of the Plaintiff, and notified the Defendant of the password. ① The loan amount: (1) The loan amount: KRW 200 million (2: KRW 5.5% per annum: interest: 200 million (payment: 3.5% per annum: 2 years after the date of the loan) the Defendant withdrawn KRW 400 million from the Plaintiff’s passbook in the Plaintiff’s passbook and used it in performing the payment for the existing marina loan.

(hereinafter) Accordingly, the Plaintiff’s loan of KRW 400 million is “instant loan” and the loan is “the instant loan”).

From the end of October 2010, the defendant, the plaintiff, and C as the proposal of the defendant around the end of October 2010, each land listed in attached Tables 2 through 5 (hereinafter referred to as "Ei land" in combination with each of the above land) in attached Tables 2 through 5 (hereinafter referred to as "Ei land"), and the lot number shall be specified individually when it is named.

) After purchasing it, a joint investment contract was concluded with the content that will divide profits by selling it later (hereinafter referred to as D.

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