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(영문) 서울동부지방법원 2015.07.17 2015나20225
대여금
Text

1. Of the judgment of the court of first instance, KRW 26,900,000 against the Plaintiff and its related thereto, from August 22, 2013 to July 17, 2015 to the Plaintiff.

Reasons

1. The Plaintiff’s determination as to the cause of the claim does not conflict with the Defendant on April 8, 201, KRW 10 million, KRW 5 million on April 11, 201, KRW 500,000 on April 30, 2011, KRW 1500,000 on July 15, 201, KRW 500,000 on September 20, 201, KRW 200,000 on December 22, 201, and KRW 46,90,000 on April 18, 201, and KRW 46.9 million on April 18, 2012, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 46.9 million on July 22, 2013, and damages for delay calculated at the rate of 20% on July 22, 2013 (the next day of the instant complaint).

(A) The Plaintiff claimed payment of damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 19, 2012 to the delivery date of a copy of the complaint in this case with respect to the above loan. However, there is no evidence that the agreement was made between the Plaintiff and the Defendant at the time of the above loan, or that the Plaintiff notified the Defendant of the performance before the delivery of the copy of the complaint in this case, the Plaintiff’s claim for this part of the loan is without merit).

A. The Defendant’s assertion on the loan obligations (1) as of April 8, 2011, April 11, 2011, and April 30, 201, is a defense that the Defendant repaid the total amount of KRW 20 million on April 8, 2011, and April 30, 201.

(2) Examining the reasoning of the lower judgment in addition to the written evidence Nos. 4, 5, 1, and 8, the Defendant agreed to develop the said land and divide profits if C acquires its ownership by filing a lawsuit for ownership transfer registration with respect to four parcels of land, including the area of 83 square meters, etc. prior to the Gyeonggi-gun, Gyeonggi-gun, wherein C’s protocol was assessed, and filed a lawsuit for ownership transfer registration with respect to the said land on January 13, 201 (Seoul Central District Court Decision 2011Da1352). ② The Defendant filed the lawsuit on April 7, 2011, which was pending the said lawsuit, with the Plaintiff to prepare the aforementioned litigation costs and development costs, etc. after winning the lawsuit.

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