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(영문) 수원지방법원여주지원 2016.04.20 2014가단10528
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Defendant’s wife was insufficient to purchase the Defendant’s wife C real estate through D, and thus, upon receiving a request from the Defendant for the lease, the Plaintiff sent KRW 100 million to the Plaintiff’s bank account of D’s children E on September 1, 201 after receiving a written request for payment from the Defendant on September 1, 201. As such, the Plaintiff leased KRW 100 million to the Defendant, the Defendant is obligated to pay the above loan amount to the Plaintiff and the damages for delay.

2. According to the reasoning of the judgment, Gap evidence No. 1 (the defendant's name, which is recognized as the defendant's writing by the result of the written appraisal of appraiser F, is stated, and the authenticity of the entire document is presumed to be established). The defendant will deposit KRW 100 million to the plaintiff by September 30, 201.

The fact that “the Plaintiff prepared a written confirmation of payment” is acknowledged, but on the other hand, it is acknowledged that the Plaintiff lent KRW 100 million to the Defendant on September 1, 201 in order to look at the real estate purchase funds of the Defendant’s wife, i.e., the following circumstances: (a) around 2008, after selling D’s G land owned by the Plaintiff’s parents to build a new building on some of the above land; and (b) later, upon the discontinuance of the construction due to the buyer’s shortage of funds, the Plaintiff and his father paid the Plaintiff the necessary money to D to continue the construction; (c) there was a relationship between the Plaintiff and his father paying the construction expenses to D; and (b) the Plaintiff asserted that on September 1, 2011, the Plaintiff lent KRW 100 million to the Defendant on September 1, 201, but I purchased the real estate and purchased it on October 1, 2011, which is seven months earlier.

2. 10. 10. 3. The plaintiff completed the registration of ownership transfer, and 100. 3. 100.

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