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(영문) 수원지방법원 2019.07.17 2017가합23571
대여금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 400,000,000 for the Plaintiff and the Plaintiff’s June 9, 2018.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence Nos. 1, 2, 4, 13 (including provisional numbers), Eul evidence Nos. 2, 3, and 4, Eul's testimony, and purport of the whole pleadings);

A. On May 4, 2016, the Defendant entered into a contract on the ownership of land C and Asan City D and E (hereinafter “instant land”) and all rights and obligations in relation to the site creation project in the amount of KRW 4.75 billion.

B. In order to secure access roads, the Defendant is represented by the Plaintiff, the Plaintiff, and the Plaintiff of the F.

After consultation on the purchase of land G, H, I, J, and K (hereinafter “instant land”) owned by the Plaintiff on September 21, 2016, the Plaintiff prepared and delivered a loan certificate (Evidence A2; hereinafter “instant certificate”) stating that “the Defendant borrowed KRW 700 million from the Plaintiff, and KRW 300 million out of which was leased to pay the auction proceeds of the instant land No. 1; the remainder KRW 400 million was leased as the down payment of the instant land No. 2; and that the remainder of KRW 400 million was a loan of KRW 40 million received as the down payment of the down payment of the instant land; and that the maximum debt amount of KRW 90 million is set up as the down payment of the down payment of the loan and interest.”

C. On September 23, 2016, the Defendant concluded a contract to purchase the instant land No. 2 in KRW 4.8 billion (hereinafter referred to as “instant sales contract”) with the Plaintiff and the Plaintiff and the Plaintiff for the settlement of accounts, and agreed that the down payment of KRW 400 million (hereinafter referred to as “instant down payment”) will be KRW 1.6 billion on September 12, 2016, and the intermediate payment of KRW 1.6 billion shall be paid within 1.5 days after the authorization and permission, and the remainder of KRW 2.8 billion shall be paid at the date of issuance of the beneficiary certificate at the same time as the trust after authorization and permission, and the seller shall reimburse the down payment at the end of the contract and the buyer shall not claim the return of the down payment.

On December 30, 2016, the Defendant paid KRW 300 million to the Plaintiff.

E. Around August 2017, the Plaintiff and the LAF demanded the Defendant to pay KRW 100 million out of the instant down payment, and around that time, the Plaintiff and the LAF requested the Defendant to pay the said down payment.

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