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(영문) 서울북부지방법원 2019.04.23 2018가단8153
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 79,944,006 and for this, KRW 5% per annum from September 13, 2018 to April 23, 2019.

Reasons

1. The following facts do not conflict between the parties, or may be found in full view of Gap evidence Nos. 1 to 7, Eul evidence No. 1, witness D's testimony, fact-finding inquiry, reply to the E-association of this court, and the whole purport of oral arguments, and there is no counter-proof.

On June 16, 2005, the Plaintiff transferred KRW 40 million to Defendant B (Defendant C’s birth) account at the recommendation of Defendant C with respect to the development project of the F land in the Hongcheon-gun Hongcheon-gun.

B. The plaintiff and D accepted the joint purchase and investment of the land from the defendant C with the proposal of the joint purchase and investment of the land. Among the purchase price of 500 million won, the plaintiff and D shall bear 170 million won and the remainder shall be borne by the defendant Eul as a bank loan secured by the purchase land. However, the transfer of ownership of the purchased land shall be completed only in the plaintiff and D, and the transfer of ownership shall be borne by the defendant Eul on June 16, 2005, which was not returned by the plaintiff, and the transfer of ownership of the purchased land shall be borne by the defendant Eul.

(hereinafter referred to as “instant trade agreement”). (c)

Accordingly, on May 19, 2006, the registration of the transfer of co-ownership based on one-half share in the Plaintiff and D on May 19, 2006 with respect to the G large 830 square meters of Sejong Special Self-Governing City (hereinafter “instant land”). On April 20, 2006, the registration of the establishment of a mortgage was completed with respect to the instant land with the maximum debt amount of KRW 260 million (loan 200 million), the debtor B, the debtor, and the mortgagee E-mortgage (hereinafter “E Association”).

However, as Defendant B did not pay the above loan obligation, the decision of voluntary auction was rendered on May 15, 2008 upon the E Union’s application, and the Plaintiff transferred the above loan obligation amounting to KRW 21 million on October 16, 2008, KRW 20,998,000 on October 16, 2008, and KRW 20,998,000 on October 16, 2008, respectively, and the E Union withdrawn the above request for auction on October 17, 2008.

E. Around that time, the Plaintiff and D requested the Defendants to pay the above overdue interest, etc., and the Defendant.

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