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(영문) 서울남부지방법원 2015.05.29 2013가합108137
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On August 19, 2009, the Plaintiff asserted that he purchased a part of the share of the tenement house located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “D Housing”) with his father’s father’s deceased C (hereinafter “the deceased”), and completed the registration of ownership transfer under the name of the Defendant around that time.

In addition, on March 21, 2007, the Plaintiff sold to the Defendant the Orcheon-gu E and 302 Dong 804 (hereinafter “Htel”) located in the name of the Plaintiff and completed the registration of ownership transfer on March 21, 2007. However, at the time, the Plaintiff did not receive the purchase price from the Defendant.

Accordingly, the Defendant agreed to pay to the Plaintiff KRW 480 million, which is equivalent to the purchase price of each of the above real estate.

Therefore, the defendant is obligated to pay to the plaintiff KRW 480 million and damages for delay.

2. According to the evidence Nos. 2-1 and 2-2 of the judgment, the Plaintiff’s possession of the loan certificate (hereinafter “the loan certificate of this case”) in the name of the Defendant on August 27, 2009, which is “480 million won of the rent,” and “9% of the interest rate,” as of August 30, 2010.

However, in full view of the following circumstances, Gap evidence 3, Eul evidence 4, Eul evidence 7-1 to 5, Eul evidence 10-1, 2, Eul evidence 1-5 to 13, 23, Eul evidence 5, 6, Eul evidence 7, 15-1, Eul evidence 7, and the whole purport of oral argument, i.e., ① there is no monetary transaction between the plaintiff and the defendant at the time of the preparation of the loan certificate of this case; ② the plaintiff asserted that the plaintiff lent money to the defendant over a long period of time at the time of the filing of the lawsuit of this case; ② the plaintiff argued that the plaintiff was given the loan of this case in return for purchase of the D building and Htel which were not revealed, ③ the purchaser of the D housing stated "non-party 3," and the intermediate payment of KRW 800 million in the sales contract of the D housing was stated as "the deceased and the deceased's children, the deceased's children, and the plaintiff 2, the deceased and the deceased's children respectively.

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