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(영문) 서울고등법원 2016.03.11 2015나2020962
대여금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 2010, the Defendant promised to pay KRW 260 million after completing the loan from the Plaintiff, who was known to Pyeongtaek, in the course of the construction of the loan in Gwangju City, due to the shortage of funds in the process of the construction of the loan at Gwangju City.

B. Meanwhile, the name was changed to C, D, N;

E, F, and G decided to newly construct multi-household housing after purchasing land, such as Gwangju City I, from H, and the Defendant decided to acquire a multi-household housing on August 2010, J 169 square meters and 201 square meters (which was divided from I, M, and which was converted into J 370 square meters as a consequence of the merger on September 2, 2013; hereinafter “instant land”).

C. While the Defendant was unable to repay the above borrowed money to the Plaintiff, it agreed to transfer the instant land to the Plaintiff in lieu of the repayment, the Defendant agreed to settle the expenses incurred in completing the construction by opening an access road to the instant land, etc., and additionally borrowed KRW 130 million from the Plaintiff on October 15, 2010.

On October 15, 2010, the Plaintiff acquired the ownership of the instant land from the said clan. On July 2, 2013, the Plaintiff completed the registration of ownership preservation on multi-family housing newly built on the ground of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 2-2, 3, 4, 6-1, Eul evidence 16, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant paid to the Plaintiff the total amount of KRW 390 million. The Defendant is obligated to pay KRW 140 million to the Plaintiff the purchase price of the instant land that was paid by the Defendant in lieu of payment from the Defendant, and KRW 28 million that the Defendant paid to the Plaintiff ( KRW 10 million on July 2, 2013, KRW 10 million on July 29, 2013, KRW 10 million on July 29, 2013, KRW 10 million on July 29, 2013, KRW 8 million on October 8, 2013, KRW 220 million on the ground that the Defendant has a duty to pay the said KRW 220 million and delay damages therefrom.

However, in the legal brief dated 10 November 2014, the defendant's repayment is 2.2.

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