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(영문) 서울고등법원 2015.03.06 2014나30829
대여금
Text

1. Of the judgment of the court of first instance, KRW 160,00,000 against the Plaintiff regarding Defendant B and its related thereto from November 12, 2013 to March 6, 2015.

Reasons

1. Facts of recognition;

A. On March 24, 2003, the Defendants borrowed KRW 20 million from the network D (hereinafter “the deceased”) as of April 5, 2003 with the due date set as of April 5, 2003, and made and issued to the Deceased a certificate of borrowing (Evidence 2-1 of the Evidence A) with the Defendants as joint users.

B. Around July 2005, Defendant B requested the Deceased to additionally lend the cost of KRW 10 million to the deceased’s debt amounting to approximately KRW 120 million. On July 13, 2005, the Deceased leased KRW 10 million to Defendant B on July 13, 2005, and Defendant B was issued a written agreement (Evidence 7 of this case; hereinafter “instant agreement”) with the following contents from the Defendant, in the presence of the F attorney-at-law who agreed to delegate the legal representation of the construction cost case No. 2005Gahap1274, Seoul Southern District Court Decision 2005Gahap12774.

(The following, “A” and “B” of the instant agreement refers to Defendant B).The agreement recognizes from Party A the fact that Party A borrowed the amount of KRW 120 million in relation to building construction on Gangseo-gu Seoul Metropolitan Government and H land, and the fact that not only the interest until now but also the principal has not been repaid.

B intends to take the case of construction cost, provisional attachment, and provisional disposition of the Seoul Southern District Court 2005Kahap12774, the Seoul Southern District Court 2005Gahap12774 as the actual owner of the above land and the building on the land, and to borrow 10 million won of the above costs with the help of the Party A once again because there is no cost (including stamp, service charge, registration tax, education tax, attorney appointment fee, value added tax, etc.) required for the legal procedures.

B In the event that the payment of the construction cost is received through a lawsuit, etc. with respect to I and J, or the ownership of the land and building is transferred, B shall pay A the aggregate of KRW 160,000,000,000,000,000, which is added to the above borrowed money, as well as the expenses incurred in the above legal proceedings and the expenses incurred

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