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(영문) 광주고등법원 2015.11.06 2015나10720
대여금
Text

1. Revocation of the part against the defendant exceeding the amount ordered to be paid under the judgment of the court of first instance.

Reasons

1. The plaintiff is engaged in the business of visiting and selling cosmetics, and has invested in real estate by delegation to the defendant or the defendant. The defendant is a person who has been engaged in the real estate brokerage business in the name of "M real estate" in Gwangju Northern-gu L.

G purchased the instant land from D under the Defendant’s brokerage and did not complete the registration of ownership transfer, and entered into a real estate sales contract with H on October 9, 2003, with the Plaintiff’s husband, to sell the instant land for KRW 339,360,000,00.

On January 8, 2004, with respect to the land of this case, the registration of transfer of ownership on the ground of sale as of December 17, 2003 under the name of the plaintiff, and on March 3, 2004, with respect to the registration of transfer of ownership on the ground of the previous establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the establishment of the neighboring area that the debtor D as of March 3, 2004, the registration of change of the right to collateral security changed to the debtor to the plaintiff, Gwangju Agricultural Cooperative (hereinafter "Gwanju Agricultural Cooperative"), the debtor, the debtor with the maximum debt amount of KRW 364,00,000, was completed in sequence.

On May 10, 2004, the Plaintiff paid KRW 40,000,00 to the Defendant with respect to the purchase of the Seo-gu New Land, etc. in the name of the Defendant (hereinafter “N land”). On September 20, 2005, the Plaintiff borrowed KRW 260,000,000 from Gwangju Agricultural Co., Ltd. as collateral for the right to collateral security, and repaid KRW 130,000,000 for the previous collateral security obligation, and paid KRW 130,000 for the remainder to the Defendant.

On February 20, 2006, the Defendant paid to the Plaintiff KRW 170,00,000 (i.e., the above KRW 40,000,000) up to February 20, 2007. If the payment is not made by the above payment date, the Defendant would pay to the Plaintiff the interest calculated at the rate of 20% per annum from the day following the above payment date.”

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