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(영문) 수원지방법원 2018.04.13 2017가합14973
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 2005, the Plaintiff became aware of the Defendant who operated the same fire insurance agency in Pyeongtaek-gun C of Gangwon-do while operating the same as the Dong fire insurance agency in the course of purchasing the land located in Pyeongtaek-gun of Gangwon-do.

B. The Plaintiff paid KRW 300 million to the Defendant in the name of the purchase price for the land on the four lots, including the land on which Gangwon-do Pyeongtaek-gun D, E, F, and G (hereinafter “each of the instant land”). The Plaintiff and the Defendant, as of April 6, 2007, were written with the following loan certificates (hereinafter “the instant loan certificates”).

Loans: 40 million won (1) The period of borrowing: interest from April 6, 2007 to July 31, 2007; interest from July 31, 2007; interest from August 1, 2007 to the due date shall be paid.

C. As to each of the instant lands on May 14, 2007, the registration of ownership transfer was completed on the grounds of sale as of April 6, 2007, and on the same day, the registration of ownership transfer was completed on each of the instant lands, respectively, with the creditor as the plaintiff, and the registration of the establishment of a neighboring mortgage amount of KRW 480 million against the debtor as the defendant.

On November 28, 2007, the Defendant delivered KRW 10 million to the Plaintiff as a check, and transferred KRW 30 million on February 1, 2008 and KRW 5 million on June 30, 2008 to each Plaintiff’s account.

E. The Plaintiff, with the Defendant’s consent, requested H, a real estate broker, to sell each of the instant lands. On August 14, 2016, the Plaintiff sold each of the instant lands to Nonparty I in total at KRW 43 million. On August 16, 2016, each of the instant lands was cancelled on the same day after the ownership transfer registration was completed in the first place.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 (including each number, if any) and the purport of the whole pleadings

2. The parties' assertion

A. On March 2007, the Defendant: (a) around March 2007, KRW 300 million, the Plaintiff’s purchase cost of each of the instant land.

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