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(영문) 서울서부지방법원 2015.04.23 2014나5863
대여금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 12, 2008, the Defendant, a career soldier, purchased the purchase price of KRW 505,000,000 from the Defendant and F, each licensed real estate agent, for the purpose of establishing a residential space to reside in the Republic of Korea. On April 12, 2008, the Defendant agreed to pay KRW 505,00,000 among the down payment, KRW 65,00,000,000 in the contract and the intermediate payment, KRW 26,000 on April 14, 2008, and KRW 65,00,000,000 in the remainder payment on May 30, 2008, and thereafter, the Defendant received the ownership of the intermediate payment pursuant to the above agreement and received the ownership of KRW 395,00,000 from the intermediate payment on April 16, 2008.

B. On April 17, 2008, the Defendant and F paid the remainder of KRW 85 million to C. However, on June 20, 2008, F leased deposit amounting to KRW 30 million to theO on June 20, 2008, and KRW 2.5 million per month on June 21, 2008, and collected lease deposit amounting to KRW 10 million from P and KRW 40 million per month on June 21, 2008.

C. On July 11, 2008, the Defendant’s wife L (pre-name M) representing the Defendant: (a) on the purchase price of the real estate of the Plaintiff and the instant real estate, the Plaintiff paid the Plaintiff the amount of KRW 40 million; (b) on this occasion, the Plaintiff paid interest of KRW 0.8% per month; and (c) set up a subordinate mortgage; (d) the Defendant’s personal information with the Defendant’s personal information on the custodian’s column; and (e) on the next side, the Defendant’s seal was sealed, and then the date was supplemented on December 30, 2008; and (e) written a cash storage certificate stating the phrase “the said amount may be paid at the time of sale” with the said date attached thereto.

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