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(영문) 서울중앙지방법원 2020.09.03 2019가합509804
대여금 반환
Text

The defendant shall pay to the plaintiffs the amount of KRW 15,50,000 and each of the above amounts, from March 29, 2019 to September 3, 2020.

Reasons

1. Basic facts

A. The network A and the Defendant’s monetary transactions 1) The network A (hereinafter “the network”).

(1) On June 11, 2015, the Defendant borrowed the following loan certificates (hereinafter “the first loan certificate of this case”) from the Defendant (hereinafter “instant loan certificates”), and the amount of the loan is “the first loan amount of this case”).

AD2) On August 24, 2015, the Deceased received a loan certificate from the Defendant stating that “I shall borrow the above amount at KRW 20,000,000 per day and shall pay interest on the 26th day of each month” (hereinafter “the second loan certificate of this case”) and “I shall receive the loan money at KRW 20,000.”

3) After December 18, 2015, the Deceased’s Account with Han Bank Account under the name of the Defendant, and KRW 10,000,000 on December 18, 2015 (hereinafter “instant KRW 3”).

) The remittance was remitted, and KRW 200,000,000 on August 10, 2016 (hereinafter “instant KRW 4”).

B) On May 31, 2017, the Defendant entered into a lease agreement with F to lease three floors of Seocho-gu Seoul Metropolitan Government (hereinafter “instant building”) by setting the lease deposit amount of KRW 60,000,000, monthly rent of KRW 5,500,000 (including value-added tax) and the lease term of KRW 5,50,000 (including value-added tax) from June 19, 2017 to June 18, 2022 (hereinafter “instant lease agreement”).

2) Meanwhile, on the other hand, the Defendant, on March 31, 2017, acquired the facilities, equipment, etc. of the instant building, which was operated as reading room between H and H, with a real estate right transfer agreement to acquire the facilities, equipment, etc. of the instant building at KRW 26,00,000 for premiums (hereinafter “instant premium agreement”).

3) Since July 19, 2017, the Defendant operated the reading room under the trade name “I” (hereinafter “instant reading room”) in the instant building from July 19, 2017.

C. The deceased’s death and joint deceased’s death died on April 20, 2019, during which the instant lawsuit was pending, and the Plaintiffs, who were their children, jointly inherited the deceased’s property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4-10, 11, and 14.

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