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(영문) 서울중앙지방법원 2020.03.25 2018가합515048
대여금반환
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 5, 2008, the Defendant prepared a letter to the Plaintiff on March 5, 2008, stating that “When the Plaintiff borrowed KRW 1 billion from the Plaintiff, and when the intermediate payment and the balance are deposited in May 2008 by the D Prize Co., Ltd., the principal shall be returned, and the Plaintiff may use, lease, or sell the three households of the first floor and the second floor household of the said commercial building.”

(hereinafter referred to as “the letter of March 5, 2008”) b.

Accordingly, the Plaintiff paid KRW 269 million to the Defendant by transferring from the account in E’s name to the Defendant’s F’s account of driving engineer F, after deducting advance interest and expenses from KRW 300 million of the leased principal on the same day.

C. On April 25, 2008, the Plaintiff continued to issue two certificates of sale to borrow money, borrowed KRW 600 million from the Plaintiff, and agreed to pay them within three months, and the promissory notes and receipts with the payment date as of July 23, 2008, respectively. On the same day, the Defendant paid KRW 540 million after deducting interest from the leased principal at KRW 600 million.

In addition, on May 31, 2010, the Plaintiff received KRW 50 million from G and prepared and issued a custody certificate to G, and then delivered the above cashier’s checks to the Defendant. The Plaintiff borrowed KRW 50 million to the Defendant and was to receive payment after one month.

E. On the other hand, on April 9, 2018, after the filing of the instant lawsuit, the following agreements were made in the name of the Plaintiff and the Defendant.

The agreement of this case is referred to as "the agreement of this case," and the agreement of this case is referred to as "the agreement of this case."

2) Gohap’s letter states that the Plaintiff filed a complaint against the Defendant (the agreement between the Defendant and the Plaintiff on the settlement of the complaint and the agreement on the case at H. The agreement on the case at the complaint shall be based on the principle of the original amount of the refund, and the amount filed by the Plaintiff, E. 30 million won, G 55 million won, the principal amount of the refund, and the remainder except the refund, shall be the amount that the J borrowed to K on the second floor.

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