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(영문) 대전지방법원 2016.06.09 2015나9873
대여금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

Basic Facts

On May 8, 2011, the Plaintiff entered into a real estate lease contract by introducing C, a director of the E office, and the Defendant is a person who has worked as an agent at the E office.

On September 201, the Plaintiff: (a) around September 201, at the same place where C, F, and the Defendant jointly entered into a partnership agreement with G; and (b) constructed the Hamna (hereinafter “instant loan”); (c) received a proposal from the Defendant that the Defendant would return the principal after the completion of the loan when lending KRW 25,000,000 to the Defendant, and pay the specified amount as interest.

At the time, the defendant presented to the plaintiff the letter of delegation that the contract entered into with G on the construction and sale of the loan of this case, and the power of delegation from G on the loan of this case.

On October 4, 201, the Plaintiff decided to lend KRW 25,000,00 to the Defendant as the construction proceeds. On the same day, the Plaintiff transferred KRW 15,00,000 to the Defendant’s account under the name of the Defendant, and was issued with the Defendant a sales contract in the column of the sale contract (hereinafter “instant sales contract”) signed between the Defendant on October 15, 200,000, down payment, and the first intermediate payment of KRW 10,000,000 on April 15, 201, and the first intermediate payment of KRW 10,00,00,000 on October 7, 201, with respect to KRW 203,00,000 among the Defendant.

On October 7, 2011, the Plaintiff transferred additional KRW 10,000,000 to the Defendant’s account under the name of the Defendant, and KRW 25,000,000, which the Plaintiff transferred to the Defendant, was the money created by obtaining loans from the Nonghyup.

The instant loan was completed on May 21, 2012, and around June 2012, the sales contract was concluded with respect to the loan Nos. 301, 302, 303, 401, and 402 of the instant loan, and as to the instant loan No. 203 that the Plaintiff received from the Defendant, the Daejeon District Court, Jin-si Branch of the Daejeon District Court on August 24, 2012, the ownership transfer registration was completed in I’s name on the ground of sale on June 28, 2012.

The Defendant concluded the instant contract with the Plaintiff.

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