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(영문) 부산고등법원 2020.08.19 2019나57889
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. 1) The Plaintiff and the co-defendants of the first instance court (former name: D) are co-defendants of the Plaintiff and the C1st instance court. From the end of 2012 to around 2014, the Defendant was the mother of C, and the Defendant is the mother of C. 2) T Co., Ltd. (hereinafter “T”) is a company established on December 8, 2006 and engaged in electrical and electronic equipment manufacturing business, real estate leasing business, etc., and a certified copy of the resident registration of the S in de facto marital relationship with the Defendant (Evidence No. 15) is indicated as the head of the household as the wife of S.

From July 2008, S in the U.S. has been registered as representative director until now, and the defendant has been registered as auditor or in-house director from July 2008 to now.

3) W Co., Ltd. (hereinafter “W”).

(B) The company was dissolved on April 30, 2015 when it was established on July 31, 2009 and engaged in the sale and purchase, development, sale, consignment, and leasing business of real estate. The Defendant was registered as an internal director from October 23, 2013 to the time of dissolution. (B) The Defendant entered into a sales contract for apartment units with E Co., Ltd. (hereinafter “E”) around August 28, 2013, and completed the registration of ownership transfer on the instant apartment units on December 5, 2013.

2) The instant sales contract includes a condition that, after two years from the date of the instant sales contract, the Defendant reserves the right to receive a refund of the down payment and acquisition tax, etc. paid pursuant to the instant sales contract by granting a redemptive right to the Defendant after the lapse of two years from the date of the instant sales contract. The Defendant repurchased the instant apartment to E around August 2015, and received KRW 180,617,920 in total, including KRW 126,440,00,00 on August 4, 2015, and KRW 54,177,920 on August 10, 2015.

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