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(영문) 창원지방법원 밀양지원 2018.03.06 2017가단11447
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

According to the purport of Gap evidence No. 2 and the whole argument as to the cause of the claim, Eul's spouse representing the plaintiff and G, who is the plaintiff's punishment, seems to have done all legal acts using the plaintiff's name.

The term “C”, the nominal owner of which is a hereinafter for convenience, is expressed.

B. On December 20, 2016, the Defendant and the Defendant agreed to “Seyang-si D” (hereinafter “instant loan”).

150,000,000 won with tax and cash custody certificates for 101 shall be paid to the Plaintiff by March 30, 2017.

b. However, in the event of a passage on the above date, the loan will be transferred to the Plaintiff.

“The cash custody certificate of this case” (hereinafter referred to as “the cash custody certificate of this case”) is written.

(1) The Plaintiff and the Defendant are obligated to pay the Plaintiff the agreed amount of KRW 150,00,000,000, and delay damages therefrom, in accordance with the agreement established by the said cash storage certificate, barring any special circumstance. The gist of the Defendant’s defense is as follows: (a) the agreement entered into between C and the Defendant based on the instant cash storage certificate and the agreement entered into between C and the Defendant was either rescinded or invalidated. Accordingly, the Defendant is not obligated to pay the Plaintiff the said KRW 150,00,000,000. The fact of recognition is that C bears the obligation to pay the Plaintiff the construction cost liability of KRW 56,00,000 with respect to the instant loan, while around around May 4, 2016, the Plaintiff was born from the Plaintiff (hereinafter “F”).

B decided to purchase 330,000,000 won.

At the time, C transferred the ownership of the instant loan Nos. 301 and 302 to the Plaintiff instead of paying the construction cost and the sales price in cash.

On May 26, 2016, the Plaintiff completed the registration of ownership transfer for F with C.

C On July 18, 2016, between the Defendant and the Defendant, one copy of the loan certificate with a loan amount of KRW 190,000,00.

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