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(영문) 서울고등법원 2015.01.15 2014나2020194
대여금반환등
Text

1. The amount of money that orders payment under the following among the parts concerning the plaintiff-Counterclaim defendant's main claim in the judgment of the court of first instance.

Reasons

Basic Facts

On March 21, 2008, the Defendant entered into a sales contract between the Defendant and the Plaintiff, and the Defendant entered into a provisional contract between G on March 21, 2008, with respect to each of the instant real estate listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”). Of them, the Defendant entered into a contract with G to sell the “E gas station” in the building listed in the separate sheet No. 2 attached Table No. 2 to KRW 1,000 (hereinafter “the instant contract”). The contract deposit is KRW 20 million, and the remainder is KRW 1,50,000,000,000 and KRW 6,50,000,000,000,0000,000 won. Before the remainder payment, G transferred each of the instant real estate to G prior to the remainder payment, but G paid the Plaintiff a monthly amount of KRW 5,00,000,000,

On October 6, 2009, the Defendant had been punished for dispute with G on the sales contract for the year 2008, and entered into a provisional contract with the Plaintiff to enter into the sales contract for KRW 1,060,000 after the completion of the lawsuit in progress with respect to each of the instant real estate (hereinafter “instant provisional contract”) and received KRW 100,000 from the Plaintiff as the provisional contract.

On June 29, 2010, in Seoul Northern District Dubedb in Seoul, 2010, 1702, 2010Kahap1719 (Counterclaim), the conciliation was concluded that the Defendant would pay KRW 140,000 to G at the same time as the delivery of the instant real estate from G to August 31, 2010.

On March 4, 2010, the Defendant entered into an agreement with the Plaintiff for the implementation of the instant provisional contract, including the conclusion of the instant contract between the Defendant and the Plaintiff.

The defendant, on August 4, 2010, leased the gas station of this case to the co-Plaintiff B (hereinafter "B") and B, who are the plaintiff's children on August 4, 2010, respectively, with the lease deposit of KRW 100 million and the lease term of the gas station of this case from August 31, 2010 to August 31, 2013.

AB concluded the agreement.

The plaintiff on August 4, 2010 30 million won to the defendant.

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