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(영문) 대전지방법원홍성지원 2014.04.09 2013가단6865
대여금
Text

1. Defendant B’s KRW 80,000,000 as well as 5% per annum from July 18, 2013 to April 9, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. around April 201, Defendant B and E agreed with the Plaintiff to purchase the Plaintiff’s house with the Plaintiff’s money, and to pay KRW 10,000,000 to the Plaintiff from the profits accruing from the resale or the sale of solid water after the resale or removal, and to divide the remainder of profits with the said Defendant E.

B. After receiving KRW 100,000,000 from the Plaintiff, E purchased 2 Dong-dong (hereinafter “instant building”) from F on April 21, 201, the building in the process of removing the former Chang-gun G located in Chang-gun (hereinafter “instant building”) in KRW 100,000.

C. Afterwards, the Plaintiff, Defendant B, and E agreed to sell the instant building to H under the above conditions, and E paid to the Plaintiff the down payment KRW 100,000,000,000 received from H.

H attempted to remove the instant building after the purchase of it, but failed to perform the removal work due to the pre-Namnam Dai Farming Cooperative Doz., the mortgagee of the instant building, the lower court rescinded the sales contract for the instant building on the ground that the Defendant B and E was paid the down payment of KRW 100,000,000 and the penalty of KRW 40,000,000, which was already paid by the Defendant B and E.

E. Meanwhile, in order to raise the amount to be returned to H, Defendant B and E stated that if the Plaintiff returned KRW 100,000,000 to the Plaintiff again, the Plaintiff would be paid KRW 120,000,000,000, which was previously promised, plus KRW 10,000,000, which was committed to the Plaintiff. Accordingly, the Plaintiff remitted KRW 30,000,000 to the Defendant D’s account on July 9, 201, and KRW 70,000,000 on July 11, 2011.

[Reasons for Recognition] Uncontentious Facts, Evidence No. 1-1, Evidence No. 1-1, Evidence No. 1-2, each entry of Evidence No. 2, Witness E's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties concerned requires the defendant Eul to lend KRW 100,000,00 to the defendant Eul to secure the money to be returned to H, and the above money is lent to the defendants. The defendants jointly and severally leased the above money to the plaintiff. 20,000,000 won already paid to the plaintiff.

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