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(영문) 서울북부지방법원 2016.05.12 2015가합2014
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount from September 25, 2014 to September 30, 2015.

Reasons

. However, the specific amount of the down payment, intermediate payment, and balance and the date of its payment are not written at all, and the scheduled date of occupancy is also not written, which differs from the sales contract that is normally concluded.

In addition, the registration of transfer of ownership in the Plaintiff’s name as to subparagraph 602 of this case is written as “transaction on June 30, 2004” and it is written differently from the date of conclusion of the sale contract.

② The F’s certificate of December 2, 2014 (Evidence No. 4) written by the F is deemed to have been prepared after the instant lawsuit was filed, and it is difficult to believe the content thereof in light of the time of the production.

In addition, on September 21, 2007, F refers to the letter of agreement (No. 6) stating that "Seoul Seocho-gu I. 80 million won." With respect to the 110 square meters-type contract, F shall return a bill of KRW 195 million and KRW 147 million kept on September 21, 2007, and shall deposit the balance with KRW 230 million and KRW 228 million at the time of occupancy in the mutual savings bank. * The occupancy is to be made on January 30, 2008, the letter of agreement (No. 6) stating that "The representative director of E, the husband of the defendant, prepared on November 16, 2011, the letter of confirmation that E would have acquired the loan of KRW 140 billion and KRW 200 million,000,000,000,0000,000,000 won.

As to this, the Defendant prepared a written confirmation from November 16, 201 to conceal the omission income by undergoing an investigation by the National Tax Service, and signed and sealed it at the request of the Plaintiff. On May 21, 2008, the date on which E received the loan as security under the instant subparagraph 602, and the date on which the Plaintiff sold the instant subparagraph 602 to the Plaintiff was October 20, 2008, and thus, the sales contract was prepared for the loan.

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