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(영문) 대구지방법원 2017.12.05 2017가단122861
대여금
Text

1. As to the Plaintiff’s KRW 138,00,000 and its KRW 50,000 among them, the Defendant shall start on July 31, 2010, and 50,000.

Reasons

1. Comprehensively taking account of the overall purport of the Plaintiff’s statements and arguments as to the cause of the Plaintiff’s claim, the Plaintiff loaned KRW 138,00,000 to the Defendant on July 16, 2008, and the Defendant agreed to pay the Plaintiff KRW 50,000,000 on July 30, 201 with the payment of the said money in installments, and KRW 50,000,000 on July 30, 201, and KRW 30,000 on July 30, 201, and KRW 138,000,000 on July 30, 200 and KRW 50,000 on the annual interest rate of KRW 138,00,000 from the day following the above loan or agreed amount of KRW 50,000,000 on the annual interest rate of KRW 30,000 to 30,01,701.

2. Judgment on the defendant's defense of set-off

A. On 190, the Plaintiff and the Defendant concluded a partnership agreement with each other to create profits by purchasing land through joint investment, constructing a new building on the ground and leasing it on the ground, and then distribute the profits to each one-half of them.

Accordingly, on March 23, 1990, after purchasing from the Korea Land Development Corporation, 388 square meters in Northern-gu, Chungcheongnam-gu, Mapo-si, Mapo-si, and newly constructed a single-story retail building (hereinafter “instant building”) on the ground on June 14, 1996.

Although the Plaintiff managed the instant building from June 15, 200 to July 15, 2008 by leasing it to another person, the Plaintiff did not pay to the Defendant the amount equivalent to 1/2 of the Defendant’s share in the proceeds.

The monthly rent of the instant building is KRW 2 million to KRW 3 million, and the total monthly rent that the Plaintiff acquired during the said period reaches KRW 80 million.

Therefore, the Plaintiff’s obligation to pay KRW 1/2 of the above money to the Defendant. Therefore, the Plaintiff’s above loan to the Defendant.

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