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1. Loans extended by the Defendant (Counterclaim Plaintiff) to the Plaintiff (Counterclaim Defendant) by the Hongcheon District Court, Hongcheon Military Court No. 2013j 234.
Reasons
1. Facts of recognition;
A. On November 2012, the Plaintiff, along with the Defendant and C, jointly purchased the purchase price of the instant real estate at KRW 300,00,000, including the purchase price, brokerage fee, joint expenses of KRW 5,000,000,000, which is the amount calculated by dividing the amount of KRW 1348,000,000,000, which is the amount of KRW 3990,000,000,000, which is the amount of KRW 290,000,000,000,000 for the instant real estate between D and D on November 2, 2012 (hereinafter “instant sales contract”). The Plaintiff concluded a sales contract with D on November 2, 2012, to purchase the instant real estate at KRW 290,000,000,000,00 for the instant real estate (hereinafter “instant real estate”).
B. On December 21, 2012, the Plaintiff and C agreed to borrow part of the instant purchase price from the Defendant due to insufficient funds, and in relation thereto, around December 21, 2012, the Plaintiff and C drafted a loan certificate stating, “A evidence No. 5; hereinafter “the instant loan certificate”).” (A) in the Defendant’s future, “The amount of the instant purchase price is determined to be borrowed from the Defendant.”
The borrower of this case stated "K and A", and on the side of "K," the plaintiff's seal is affixed to "A", and on the side of "K," the address of "C" is stated as "Songcheon-gun L."
C. On December 21, 2012, the Defendant issued a cashier’s check of KRW 20 million at the face value and KRW 40 million at the face value to the Plaintiff. D.
According to the instant sales contract, on December 26, 2012, the registration of ownership transfer was completed in the future of the Plaintiff, Defendant, and C’s ancillary M with respect to one-third share of each of the instant real estate.
E. Meanwhile, on July 12, 2013, the Plaintiff, while carrying out the civil engineering work of the instant real estate, borrowed money from the Defendant, and drafted a written confirmation (a evidence No. 3; hereinafter “instant confirmation”) to the Defendant that “the Plaintiff was acting on behalf of the Defendant for the construction cost to be borne by the Plaintiff.”
F. Since then, the defendant against the plaintiff in Chuncheon District Court.