logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.01.27 2013가합12269
대여금반환
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. 360,000,000 won and its full payment shall be made from March 9, 2011.

Reasons

1. Basic facts

A. On October 23, 2009, the Plaintiff led to the confession that the Defendant lent KRW 100,000,000 to the Defendant on September 5, 2013, the Defendant borrowed KRW 100,000 from the Plaintiff in the written reply from September 5, 2013.

After that, the Defendant withdrawn his previous argument from the preparatory document dated November 21, 2013, but there is no evidence to prove that the confession was contrary to the truth, and due to mistake, and thus, the withdrawal of confession does not take effect. On the commencement of the confession, the Defendant made a monetary transaction with the Defendant, made the credit card in the name of the Plaintiff to be used by the Defendant, and paid the card price by the Defendant.

B. On March 15, 2011, the Plaintiff was detained in the Clean Women’s Prison, and was released from prison on March 14, 2012 after the term of punishment expires, and during that period, the bank account in the name of the Plaintiff was managed by the Defendant.

C. On March 29, 2012, after the Plaintiff was released, the Defendant prepared a written confirmation with the following content (hereinafter “instant written confirmation”) to the Plaintiff.

(1) From February 2, 201 to March 2012, 14 months = 13,50,000 won 】 14 months = (25,00,000 won = Interest of KRW 25,00,000 (5%) = (3) 60,000 won (as of March 8, 201) interest of KRW 4-2,400,000 】 13 months = 31,200,000 won 】 105,000 won ? 5030,000 Domp board No. 80370,707, 1307, 1000 to 100,000 won, and (3) 10,000 through 40,000 won, and 130,000 won other than those (3) 10,201.

(3) Paragraphs (1) and (3) shall be 220,200,000 won;

D. Meanwhile, with respect to each real estate listed in the table Nos. 1 through 8 below (hereinafter collectively referred to as the “instant real estate”), the registration of ownership transfer in the name of the Plaintiff was completed with the same content as indicated in the following column for “the cause of registration” and “the date of acquisition and the receipt number” as indicated below.

On December 29, 2009, the date of acquisition of the cause for registration of real estate and receipt number 1 Busan Geum-gu C building No. 808 of the 8th floor (hereinafter referred to as "C building No. 808") was the date of acquisition of the cause for registration of real estate, and sale due to voluntary auction on December 29, 2009.

arrow