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(영문) 수원지방법원 2019.01.09 2018나61246
대여금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff paid KRW 50,00,000 to the Defendant via Nonparty Q, who was at the end of May 2012, 2012, and paid KRW 50,000 in total to the Defendant’s account in the name of Nonparty R, who is the Defendant’s wife, and KRW 10,000,000 to the same account on August 27, 2012 (hereinafter “instant money”). On June 15, 2012, the Plaintiff paid KRW 110,000,000 in total (hereinafter “instant money”).

Buyer on the date of the full payment of the purchase price of real estate No. 116,900,000 on July 26, 2012, J 2, 2012, J 3 Seoul, on August 27, 2012, K on July 27, 2012, the purchase price of real estate No. 116,90,000 of J 3 Seoul, Seoul, HH No. 72,900,000 of G underground floors No. Ga No. 3 Seoul, Dobong-gu, Seoul, Seoul, on July 27, 2012, K

B. The defendant from July 26, 2012 to the same year

8. By October, 10, each of the following real estates (hereinafter referred to as “C real estate”) under the name of K or Q’s father, his own children, is specified as the location of each real estate (hereinafter referred to as “individual real estate”) and is awarded a successful bid in four real estates, and completed the registration of ownership transfer in the future of each nominal owner.

C. Since then, the Plaintiff demanded the Defendant to return the instant monetary amount, and the Defendant prepared and rendered the payment note (hereinafter “instant payment note”) as follows to the Plaintiff around December 2015.

In relation to the amount of KRW 110 million that the principal shall pay to the Plaintiff, he/she shall dispose of 4 houses adjacent to the Dobong-gu L building M&N (hereinafter referred to as “L real estate”) including the current E, G, and I, and promise to conclude it within June 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3 through 7, 19, 23 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff lent the instant money to the Defendant, and the Defendant agreed to pay the instant money by June 30, 2016 through the instant payment memorandum. 2) Even if so, the instant money is paid.

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