logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.10.18 2017가단6414
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 31, 2008, the Plaintiff and the Defendant drafted a certificate of borrowing stating that “The Defendant shall borrow KRW 120 million from the Plaintiff and repay D’s debt by June 5, 2008” (hereinafter “certificate of borrowing”).

B. The registration of transfer of ownership in F on December 17, 2007, and the registration of transfer of ownership in the name of the Defendant was completed on January 7, 2008, respectively, with respect to the land owned by E (hereinafter “land prior to the instant partition”) of Yangyang-gun, Yangyang-gun, the Gyeonggi-do Forest, which was owned by E prior to the partition.

On December 30, 2008, the land before the instant partition was divided into 14,556 square meters of G forest land (hereinafter “instant land”) and H 14,059 square meters of land (hereinafter “instant land”).

[Identification Evidence: Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. Plaintiff 1D promised to pay the remainder of KRW 160 million out of KRW 290 million borrowed from Plaintiff and to pay the remainder of KRW 130 million. On November 1, 2017, Plaintiff 1D promised to pay the Plaintiff interest of KRW 180 million up to December 30, 2017, adding the interest of KRW 50 million to the Plaintiff. F and D purchased and distributed the land before the instant division, and purchased and distributed the land before the said division, and the name of the land before the said division as the representative director. Upon D’s request, the Defendant promised to pay KRW 180,000,000 to the Plaintiff up to KRW 180,000 on March 31, 2008, KRW 60,000 on the debt of KRW 50,000,000,000.

After the above agreement, the plaintiff was transferred from the defendant to 2,500 of the land before the division of this case, but the above 2500 of the above 2500 of the total 1500 of the loan was merely given the name of payment in kind for 50 million won which is interest on the loan, and the remaining 1,000 of the total 1,00 of the loan was under title trust upon the request of I.

D The above KRW 180,000,000,000 to the Plaintiff on April 16, 2009, as repayment for the above KRW 180,000.

arrow