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(영문) 부산지방법원 2017.05.11 2016가단316842
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from November 29, 2015 to March 9, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On November 1, 2013, the Plaintiff: (a) sold to the Defendant a total of KRW 1,206 square meters of land for factories and 55 square meters of land on the land owned by the Plaintiff and KRW 1,350,000,000 of the purchase price; (b) drafted a sales contract stating that “land” in the sales contract is KRW 750,000,000,000, KRW 390,000,000,000, KRW 210,000,000,000,000 in land, machinery, and facilities, and KRW 20,000,000.

(hereinafter referred to as “the instant sales contract”). The Defendant did not pay to the Plaintiff KRW 50 million out of the sales balance of the instant case, and the Plaintiff completed the registration of ownership transfer concerning the instant land and building on or before December 6, 2013.

On August 14, 2014, the Defendant: (a) sold the instant land and buildings in KRW 1.35 billion to C; (b) drafted a sales contract stating that the instant land is KRW 750 million; (c) construction KRW 390 million; and (d) machinery and equipment and facilities KRW 210 million; and (c) completed the registration of ownership transfer on the instant land and buildings on September 3, 2014, upon receiving KRW 1.3 billion from actual C as the sales price; and (d) completed the registration of ownership transfer on the instant land and buildings on September 3, 2014.

Secondly, on December 16, 2013, the Defendant borrowed KRW 20 million from the Plaintiff without due date or interest agreement in order to pay public charges, such as taxes incurred from the instant trade (hereinafter “the instant loan”).

x. On October 20, 2015, the Plaintiff notified the Defendant of the instant loan by October 28, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 4 through 6, Gap evidence 8, Gap evidence 9-2, Eul evidence 5-1 and Eul evidence 5-2, the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant prescribed the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from October 29, 2015 to the delivery date of a copy of the complaint of this case as to KRW 20 million to the Plaintiff, and from the next day to the day of full payment.

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