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(영문) 청주지방법원 2016.03.02 2015가단105230
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. On April 12, 2007, the Plaintiff lent money KRW 50 million to the Defendant’s bank account in his wife C in his name. The Plaintiff lent this money to the Defendant.

B. The Plaintiff and the Defendant purchased land E and newly constructed a building, and agreed to make a joint investment to distribute profits from the sale price. Accordingly, the Plaintiff invested more than half of the sales price of the said land in the amount of KRW 50 million.

2. In full view of the statements in Gap evidence 1, 2, 8, Eul evidence 1 to 5 and the purport of testimony and oral argument as witnesses, the plaintiff newly constructed a building for the purpose of real estate sale and lease business between the defendant, F, G, etc., and then proceed with the business of selling in lots, leasing it, etc., and then makes a partnership agreement (hereinafter referred to as the "instant partnership agreement") with the profits of 00,000 won to be distributed later according to the ratio of capital invested by them. ② The plaintiff and the defendant concluded a contract with H to purchase 912 0,000,000,000 won to 1.30,000,000,000 won to the above account under the name of 50,000,000 won to the above 20,000,000 won to the account under the name of 30,000,000 won to the above 20,000,000 won to the above investment account.

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