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(영문) 수원고등법원 2020.02.05 2019나15003
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

A. The Plaintiff transferred KRW 10 million on October 20, 2015, KRW 200,000,000 on the account under the name of the F (Defendant’s birth E) (hereinafter “instant account”); KRW 15 million on October 22, 2015; KRW 45 million on November 4, 2015; KRW 85 million on November 22, 2015; KRW 61.6 million on December 16, 2015; KRW 3 million on December 25, 2015; KRW 61.6 million on December 2, 2015; KRW 3 million on December 14, 2015; KRW 3 million on December 261, 2015; KRW 3 million on December 21, 2015; KRW 3 million on December 21, 2015; KRW 3 million on December 25, 2015; and

(B) The remainder of KRW 168,77 million, excluding the remainder of KRW 20,000,000, which has been transferred twice as of January 13, 2016, excluding the sum of KRW 188,700,000 (hereinafter “instant transfer”).

On January 11, 2016, Won, Defendant, and G drafted a written agreement with the following contents:

(A) On January 1, 200, the Plaintiff lent KRW 50 million to the Defendant, and registered the establishment of a neighboring housing with a maximum debt amount of KRW 60 million on the housing of KRW 381 square meters in Gyeonggi-gun H, and of KRW 364 square meters in 164 square meters in 204 and each of the above lands (hereinafter referred to as “each of the above real estate”).

However, 30 million won among loans should be paid directly by the plaintiff to G in order to repay the defendant's debt to G.

3. Upon receipt of a payment of the remainder of KRW 20 million from the Plaintiff’s loan under paragraph (1), the Defendant shall promptly repay the remainder of the loan to the Plaintiff’s government district court’s provisional attachment decision, decision to commence compulsory auction and seizure (Health Insurance Corporation) recorded on the following real estate, and shall proceed with the procedures for withdrawal and cancellation of enforcement.

C. The Plaintiff paid KRW 30 million to G on January 11, 2016 and twice the following day.

On the other hand, on January 14, 2016, the Defendant: (a) KRW 60 million with respect to each of the instant real estate to the Plaintiff; and (b) the Defendant’s Defendant.

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