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(영문) 청주지방법원 2015.08.26 2013가합27135
대여금
Text

1. The Plaintiff:

A. Defendant C: 40,000,000

B. Defendant D’s KRW 97,00,000 and each of the said money on March 26, 2015.

Reasons

1. The assertion and judgment

A. The Plaintiff’s claim 1) The Plaintiff’s assertion against Defendant C is the name of Nonparty E, and on March 10, 2005, 200.2m2, Daegu Northern-gu, which is substantially owned by the Plaintiff, to Defendant C (hereinafter “instant real estate”).

(2) The sales contract of this case was sold for KRW 120 million (hereinafter “instant sales contract”).

() Defendant C does not pay to the Plaintiff the purchase price of KRW 40 million up to the day. Accordingly, Defendant C is obligated to pay the Plaintiff the unpaid purchase price of KRW 40 million, and delay damages therefrom. (2) In full view of the following: (a) the Plaintiff’s written evidence Nos. 6, 7, 10, and 13 (including the paper number; hereinafter the same shall apply); and (b) the purport of the entire argument in the Plaintiff’s newspaper as a result of the Plaintiff’s examination, the Plaintiff’s name on March 10, 2005 to Defendant C of the instant real estate amounting to KRW 120 million [the contract amounting to KRW 70 million] of G Promissory Notes issuance instead of cash on the date of concluding the contract, and the promissorysory note amounting to KRW 40 million is KRW 1,30 million among them, KRW 1,400,000,000,000 among them.

(2) The Plaintiff is obligated to pay the unpaid purchase price of KRW 40 million and damages for delay on the same day from August 2005 to December 2005, 2005. The Plaintiff, on March 24, 2005, completed the registration of ownership transfer on the instant real estate in Defendant C’s name, and thereafter, refused payment on the ground that the instant bill was defaulted. According to the above facts of recognition, Defendant C is obligated to pay the unpaid purchase price of KRW 40 million and damages for delay as the Plaintiff seeks.

B. The Plaintiff’s assertion 1) The Plaintiff loaned KRW 97 million in total to Defendant D and B until May 1, 2006, including remitting KRW 14 million to Defendant D on October 31, 2005, and KRW 37 million on December 1, 2005 (hereinafter collectively referred to as “the first loan”).

Defendant B raises objection against Defendant D’s Plaintiff on each day.

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