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(영문) 의정부지방법원 2016.04.29 2016가단4266
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from January 27, 2016 to the day of full payment.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entry in Gap evidence 2 to 9, and Eul evidence 1, together with the whole purport of the pleadings.

The plaintiff is a member of C-building association, the owner of C-building project, on the ground of the land outside Dongdaemun-gu Seoul Metropolitan Government, and the defendant is a joint executor of the above reconstruction project.

B. The Plaintiff transferred KRW 20 million to the Defendant’s account on November 24, 201, and KRW 30 million on November 30, 2012.

C. On April 18, 2012, the Defendant issued a letter of confirmation stating that “303 of the sales contract shall be issued for the check of the borrowed amount of KRW 50 million, shall be returned at the time of repayment of the borrowed amount of KRW 50 million, and the time of repayment of the borrowed amount shall not exceed two months after the completion, and the monthly interest shall be KRW 50,000,000” (hereinafter “instant certificate”) and issued it to the Plaintiff.

On April 18, 2012, the Defendant: (a) on the provisional name D apartment 303 on the land outside Dongdaemun-gu Seoul, Dongdaemun-gu, and (b) on the one hand, the seller prepared and delivered the sales contract to the Plaintiff, the Plaintiff, and the buyer.

E. On April 20, 2012, the Plaintiff transferred KRW 40 million to the Defendant’s account and lent it to the Defendant.

(2) The judgment on the plaintiff's claim is based on the following facts: (a) the plaintiff lent 40 million won to the defendant; and (b)

A. (1) The plaintiff asserts that the plaintiff lent a total of KRW 90 million to the defendant.

(2) The Defendant: (a) borrowed KRW 20 million from the Plaintiff on November 24, 201 and KRW 30 million on November 30, 2012 from the Plaintiff; (b) demanded that the Plaintiff purchase KRW 502 at the time of the drawing of the same class; and (c) agreed to exchange KRW 302, 305, and 308 with an officetel with the total amount of KRW 50 million; and (c) received the difference of KRW 50 million from the Plaintiff; and (b) the Defendant borrowed KRW 40 million from the Plaintiff on April 20, 2012, but according to the instant confirmation, the Defendant borrowed the borrowed amount.

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