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(영문) 대전고등법원 (청주) 2017.02.14 2016나104 (1)
대여금
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 relationship between the parties is the actual operator of E Co., Ltd. (hereinafter “E”), F is the Plaintiff’s wife, G is the Plaintiff’s wife, and the Defendant, as a constructor, was carrying out the development project for the land outside and outside two lots of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and D and three lots of land outside the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “Sttland”).

B. On January 18, 2005, the Plaintiff subrogated for KRW 120 million to the Defendant’s creditor through the personal account held in F. (2) On January 19, 2005, in order to secure the Defendant’s claim against the Defendant, the Plaintiff: (a) on the ground that he was owned by the Defendant, on January 19, 2005, registered the right to claim ownership transfer on the ground that he was entitled to the provisional registration, and completed the registration of the right to claim ownership transfer on January 18, 2005, on the ground that he was in possession of the Defendant; and (b) on June 14, 2005, after cancelling the above provisional registration on April 29, 2005, the Plaintiff made the same provisional registration (hereinafter “instant provisional registration”).

C. After drawing up a letter of commitment, the Defendant prepared a letter of commitment to the Plaintiff on March 11, 2009, and the main contents are as follows.

1) The defendant (the plaintiff is the creditor E and G's representative and actual creditor of the land as well as the plaintiff; hereinafter referred to as "the plaintiff") who is an agreement with the plaintiff (the plaintiff is the plaintiff as the plaintiff and the present creditor, who is the owner of the land as the plaintiff and the present creditor; hereinafter referred to as "the defendant") under the agreement with the plaintiff (the plaintiff is the representative and real creditor of the land as the plaintiff and the plaintiff, who is the plaintiff's own owner of the land as the plaintiff and the land as the plaintiff, shall pay to the plaintiff in relation to the above land (the land as the plaintiff is the prop-owned and the land as the plaintiff and the land as the plaintiff are the land). The defendant must pay to the plaintiff with regard to the above land (the land as the land as the land and the land as

- - The following:

1. On January 18, 2005, the Defendant borrowed 120 million won from the Plaintiff (E) from the Plaintiff on January 18, 2005 (the partial investment agreement was made but the partial investment agreement was made.

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