logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.07.08 2014가합103402
대여금
Text

1. The Defendant (Counterclaim Plaintiff) is from June 28, 2014 to July 8, 2015 to KRW 1300,000,000 to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

From March 18, 2002 to May 26, 2003, the plaintiff operated a golf shop with the trade name called "D" in Sungnam-si, Sungnam-si, and the defendant worked for the said golf shop with the plaintiff's friendship.

On May 1, 2002, the Defendant purchased F apartment 101 Dong 1709 (hereinafter “instant apartment”) from E on May 1, 200, and completed the registration of ownership transfer in the name of the Defendant on June 3, 2002.

After the above sales contract, the original Defendant and other siblings resided in the apartment of this case, and the Plaintiff moved to Japan around 2007, and thereafter the Defendant continued to reside in the apartment of this case, and G leased and resided in the apartment of this case from around 2009.

On May 22, 2013, the Defendant offered the instant apartment to Samsung Life Insurance Co., Ltd. (hereinafter referred to as “Masung Life Insurance”) as collateral and borrowed KRW 35 million from Samsung Life.

On May 31, 2013, the Plaintiff lent KRW 115 million to the Defendant as a full-time loan.

Meanwhile, the Defendant entered into a sales contract with H on November 4, 2013 by setting the sales price of the instant apartment as KRW 235 million with regard to the instant apartment, and completed the registration of ownership transfer on December 26, 2013.

The Defendant received KRW 235 million from H, and repaid KRW 35,836,194 in total the principal and interest on Samsung Bio-resources on December 26, 2013, and returned KRW 40 million to G, a lessee of the instant apartment complex, on December 16, 2013, and paid KRW 15,975 million in total to the Plaintiff from November 5, 2013 to December 31, 2013.

On May 14, 2014, the Defendant paid KRW 47 million to the Plaintiff.

[Ground of recognition] The plaintiff's assertion that there is no dispute, Gap's evidence Nos. 1 through 5, 11 through 13, and 16, and the purport of the whole pleadings is the purport of the whole pleadings, and the plaintiff purchased the apartment of this case with his own funds, but the defendant who is a kind of birth for the purpose of saving.

arrow