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(영문) 서울중앙지방법원 2019.10.22 2018가단5179686
대여금
Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from September 6, 2018 to October 22, 2019.

Reasons

1. The parties' assertion

A. Plaintiff’s assertion 1) On April 17, 2015, the Defendant was running a real estate-related business after completing business registration under C’s name. However, on April 2015, the Plaintiff borrowed KRW 120,000,000 to the Plaintiff to remove apartment units on the ground of Gangnam-gu Seoul, Seoul and to build a new apartment unit, the Plaintiff would create a collateral security right as to the second floor E on the ground of Gangnam-gu Seoul, Seoul, and KRW 50,000 after adding the interest of KRW 50,00,000 to the new apartment units.

B) Upon the Plaintiff’s consent on April 14, 2015, the Defendant purchased 20,000,000 won of the loan No. 120,000 won in the name of the Plaintiff’s wife on the same day. C) on April 17, 2015, the Plaintiff transferred 120,000,000 won to the account in the name of C, and issued 00,000 won of the loan No. 120,000 won, 300,000 won of the loan No. 120,000 won of the loan No. 120,000 won of the loan No. 205, 300,000 won of the loan No. 120,000 won of the loan No. 17, 120,000 won of the loan No. 3050,000 won of the intermediate payment to the Plaintiff.

2) On March 16, 2016, the Plaintiff leased KRW 180,00,000 to the Defendant on March 16, 2016 upon the Defendant’s request, and received a certificate of borrowing from the Defendant on the same day.

B. Since April 2016, the Plaintiff and the Defendant cancel the sales contract for the above G around April 2016, instead of the Defendant.

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