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(영문) 울산지방법원 2017.08.22 2016가단15432
대여금
Text

1. As to Plaintiff A’s KRW 13,00,00, and KRW 4,500,000 and each of the said money, the Defendant shall start on July 22, 2016.

Reasons

1. Vindication and determination thereof

A. The Plaintiffs asserted that Plaintiff A was entitled to the Plaintiffs’ assertion on July 4, 2013.

5. The defendant asserts that since the plaintiff B lent a total of KRW 13 million to the defendant on July 2013, 201 and KRW 8 million to the defendant on July 1, 2013, the defendant has a duty to complete payment.

B. The defendant's assertion is not borrowed from the plaintiffs, but around that time, the plaintiff A purchased 340/9,024 shares out of the land in the Gu-si E owned by D Co., Ltd. (hereinafter "the land in this case"). However, upon the plaintiffs' request, the defendant completed the registration of transfer of ownership in the F's name, and the land in this case is not sold, so it is only impossible to return the investment amount of the plaintiffs because it is not sold.

C. Determination 1) In full view of the following: (a) there is no dispute between the parties; (b) evidence Nos. 1 through 7; and (c) witness G’s testimony, the entire purport of the pleadings is as follows: (a) Plaintiff A remitted KRW 13 million to the Defendant’s account; and (c) Plaintiff B, at the Defendant’s request, remitted KRW 4.5 million to D, the owner of the instant land in the name of the Defendant; (c) the Defendant purchased the instant land in combination with its money; and (d) on July 8, 2013, the fact that the Plaintiff transferred the instant land to the Defendant’s account; (b) Plaintiff B transferred the money in the name of the Defendant; and (c) the transfer of the money to the Defendant’s name; and (c) the Defendant received the Plaintiff’s allowance under the Defendant’s name; and (d) the Defendant received the Plaintiff’s joint purchase of the instant land in the name of the Defendant, including the Plaintiff’s allowance under the Defendant’s name.

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