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(영문) 서울서부지방법원 2014.09.02 2013가단39097
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 40,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from April 1, 201 to November 4, 2013.

Reasons

1. On April 12, 2008, the Defendant purchased 505 units of five-story neighborhood living facilities located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant real estate”) from C in KRW 395,00,000, among the five-story neighborhood living facilities located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

(hereinafter “instant sales contract.” The instant sales contract was arranged by the Plaintiff (E-real estate broker and trade name of the buyer) and F (G: the seller’s side broker and trade name) as a licensed real estate agent.

As to the payment date of the purchase price, the Defendant and C agreed that “5,00,000 won out of the down payment on the date of the contract shall be paid on April 14, 2008, and the remainder down payment of KRW 65,000,000 shall be paid on April 16, 2008, and the intermediate payment of KRW 240,000 shall be paid on April 16, 2008 (Article 1 of the text of the contract added “260,000,000” to the lower part, but as a special agreement, the lower part of the contract entered “240,000,000,000” (Article 1 of the text of the contract), the Defendant and C agreed that the ownership transfer on the date of the intermediate payment and the remainder shall be paid by the buyer on the lease agreement.”

Accordingly, the Defendant paid C the down payment at the time of the conclusion of the instant sales contract.

In addition, on April 16, 2008, the Defendant paid KRW 240,000,000 to C as an intermediate payment, and C transferred the registration of ownership transfer to the Plaintiff on the same day, and immediately thereafter, the Defendant borrowed KRW 260,000,000 from the Seoul Agricultural Cooperative as collateral for the instant real estate from South Korea.

The payment period of the remainder (the main text of the contract is KRW 85,00,000 as stated in Article 1 of the "65,000,000" under the sales contract of this case, but as the intermediate payment was reduced as seen above, the payment period of the remainder was 85,00,000,000). However, C requested that the remainder be changed earlier than the above period.

Accordingly, on April 17, 2008 following the payment date of intermediate payment, the plaintiff withdrawn one cashier's checks of 37,000,000 won at the face value from the bank account (I) of Dong J on April 17, 2008 and deliver them to C, and also cash.

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