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Reasons
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(영문) 수원지방법원성남지원 2017.08.30 2017가단8103
대여금
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1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from April 6, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. A. Around August 2003, the Plaintiff entered into a sales contract with the Defendant to purchase part of the land owned by the Defendant, and the Plaintiff, on January 15, 2003, lent KRW 100,000 to the Defendant as a down payment, instead of paying the intermediate payment and the remainder.

B. The Plaintiff paid the Defendant KRW 90,000,000 on October 1, 2003, and KRW 100,000 on December 18, 2003, and KRW 20,000 on December 26, 2003.

C. On December 4, 2006, the Defendant did not transfer the above real estate ownership to the Plaintiff, and on which December 4, 2006, the Plaintiff sent to the Defendant electronic mail stating that “the Plaintiff determined KRW 310,000,000 that the Plaintiff paid to the Defendant as principal, and further determined the amount that the Plaintiff would receive from the Defendant.”

On December 8, 2006, the Defendant sent to the Plaintiff electronic mail stating that “if the amount received from the Plaintiff was added to the amount calculated at the bank interest rate from January 2004 to February 2, 2007, the amount is KRW 357,000,000.” If the Defendant did not accept this amount, it would pay KRW 110,000,000 for the remainder until the first half of 207.”

On August 2, 2007, the defendant sent to the plaintiff e-mail stating that "the defendant is not able to observe the promise, and can pay money if it is possible to do so on March 2, 2008." On August 8, 2007, the plaintiff sent to the plaintiff e-mail stating that "the plaintiff first pays interest to the defendant by July 31, 2007," and the part concerning future interest also gives answers to the plan to preserve principal, such as providing security, in order to wait until March 2008."

Even after that, the Plaintiff and the Defendant sent e-mails over several times with regard to the amount paid by the Plaintiff to the Defendant and the payment of interest thereon.

E. The Defendant paid to the Plaintiff KRW 100,000,000 on January 8, 2007, and KRW 100,000 on March 2, 2007.

The Plaintiff, on January 8, 2008, is the Suwon District Court 2007Kadan10491, the Suwon District Court D 571 square meters, etc.

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