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(영문) 의정부지방법원 2018.09.05 2018가합51331

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 208,360,965 and the interest rate of KRW 15% per annum from March 10, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person running a credit business under the trade name of “C,” the Defendant is also a person running a credit business, and Nonparty D is a constructor who purchased each land (hereinafter “each land of this case”) and its ground buildings listed in the separate sheet No. 1 and proceeds from the business to remove the buildings and newly construct and sell new buildings.

B. On September 10, 2013, D entered into a sales contract with Nonparty E and F to purchase the land listed in attached Table 1 List 1 (hereinafter “instant land”). On September 30, 2013, D borrowed KRW 750,000,000 from the Plaintiff on September 30, 2013 as interest rate of KRW 2% per month, overdue interest rate of KRW 3.25% per month, and the due date of payment on February 27, 2014 (hereinafter “the first loan”).

On October 4, 2013, D concluded a mortgage agreement to secure the first loan of the instant land with respect to the Plaintiff and the said land, and completed the registration of the establishment of a neighboring mortgage in the name of the Plaintiff, who became a mortgagee D and the Plaintiff as a mortgagee (hereinafter “registration of the establishment of a neighboring mortgage”).

C. Meanwhile, D, around March 2015, borrowed KRW 650,000,00 from the Defendant (hereinafter “instant secondary loan”) and completed the registration of ownership transfer in the name of each of the Defendant on May 7, 2015 with respect to the land indicated in [Attachment 1] List 2, 2015, and the land indicated in [Attachment 1 List 1 List 2].

D’s settlement confirmations reveals that the total construction cost incurred from the new construction of Nowon-gu G and H (including the removal civil engineering of KRW 1,200,000,000 on the current account, and the above amount includes approximately KRW 140,000,000 on the multi-story construction cost of KRW 100,000,000, and the additional amount of KRW 700,000 on the current registration is KRW 80,000 from KRW 70,000 to KRW 80,000,000 on the Plaintiff’s land purchase amount.