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(영문) 수원지방법원 2018.03.13 2016가단49197
대여금반환
Text

1. The Defendant’s KRW 110,000,000 and the Plaintiff’s annual rate of KRW 5% from July 1, 2016 to December 2, 2016.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiff paid total of KRW 110 million to the Defendant from June 1, 2012 to August 10, 2012.

(2) From July 26, 2012 to August 10, 2012, the Defendant awarded a bid for each of the KRW 72,900,00 (hereinafter “the instant money”) No. 35th class D and KRW 116,90,00, KRW 72,900, KRW 700, KRW 72,900, KRW 700, KRW 1st class E of Dobong-gu Seoul Metropolitan Government Government, KRW 72,900,00, KRW 1st class H and 58,990,00, KRW 1st class H of Dobong-gu Seoul Metropolitan Government, KRW 1st class H and KRW 58,90,00 (hereinafter “individual real estate”) in the name of J as to each of the instant real estate, and KRW 4 real estate was registered under the name of K (the Defendant’s own real estate) and KRW 1st class E under the name of K (the Defendant’s own real estate).

I agree to dispose of the Dobong-gu L (L Real Estate N, hereinafter referred to as “L Real Estate”) 4 houses, including current E, G, and I real estate, with respect to KRW 110 million payable to the Plaintiff and to conclude it on June 2016.

(3) After that, the Plaintiff demanded the Defendant to return the instant monetary amount, and the Defendant, around December 2015, prepared and ordered the Plaintiff to pay a letter of payment (hereinafter “instant letter of payment”) with the following content.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3 through 7 (including paper numbers), the purport of the whole pleadings

B. (1) The Plaintiff’s assertion (1) The Defendant agreed to pay the instant money that the Plaintiff lent to the Defendant through the instant written statement of payment to the Defendant by June 31, 2016, and the Defendant is obligated to pay the Plaintiff KRW 110 million and the damages for delay.

(2) The plaintiff's assertion (A) has invested the money of this case in the defendant, received a successful bid with the defendant, and transferred the ownership of two of them, and each of them has been transferred.

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