(영문) 대구지방법원 2017.10.18 2016나7386 | 리걸엔진

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(영문) 대구지방법원 2017.10.18 2016나7386

대여금

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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. Since January 1, 1996 to October 1997, the Defendant loaned approximately KRW 153,740,000 to O and S married couple, the Defendant filed a complaint against O and S married couple for fraud.

O and S were indicted on the charge of fraud against the Defendant, etc. on June 17, 1999. In the first instance court found the Defendant guilty on the part of the fraud against some victims, but was pronounced not guilty on the part of the Defendant’s loan fraud amounting to KRW 78,140,00.

B. On September 25, 1998, the Defendant approved the fact that the Defendant owed KRW 60 million to the Plaintiff on May 8, 1997, and that the Defendant paid the Plaintiff KRW 2,00,000,000 to the Plaintiff on May 8, 2001, each of which is divided into KRW 20 million on December 30, 2001, and December 30, 2002, and KRW 3,000,000,000, and KRW 5,662 square meters (hereinafter “the forest of this case”) in the transfer of the forest of this case to the Plaintiff for the purpose of security (hereinafter “the notarial deed of this case”).

C. After obtaining the instant notarial deed, the Plaintiff agreed to return money exceeding KRW 30 million when the Plaintiff received a dividend of at least KRW 30 million in the auction procedure on the forest of this case, and prepared a letter stating that “When receiving KRW 60 million as stipulated in the instant notarial deed, the Plaintiff promised to return money to Q.” to the Defendant’s East Q.

On April 2, 2004, the Defendant: (a) paid the Plaintiff KRW 5 million out of the amount of KRW 30 million to be paid to the Plaintiff in accordance with the instant notarial deed and each letter; and (b) on the remainder of KRW 25 million, the Defendant prepared and issued a loan certificate stating that “the Defendant borrowed KRW 25 million from the Plaintiff, without any interest, on the loan of KRW 25 million from the Plaintiff; and (c) the repayment date shall be paid at the time of the normal sale of the forest land owned by the Defendant (hereinafter “the instant loan certificate”).

E. Thereafter, the forest land of this case was divided into seven parcels, and the defendant is one of them.

유사 판례

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