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(영문) 울산지방법원 2019.11.13 2018가단72767

대여금

Text

1. Defendant B: (a) KRW 80,000,000 for the Plaintiff and the Plaintiff’s 15% per annum from November 29, 2018 to May 31, 2019; and (b) June 1, 2019.

Reasons

1. Facts of recognition;

A. Based on the status of the parties, Defendant C is a legal spouse, and Defendant D is a father.

B. On December 24, 2014, Defendant B received loans between the Plaintiff and Defendant B (hereinafter “the first certificate of use”) or “the first obligation for the first loan”) with the effect that “Defendant B (debtor) shall have a maturity of KRW 50,000,000 from the Plaintiff (Claimant) on June 25, 2015, and shall have a maturity of KRW 15 percent (625,000 on June 25, 2015) with interest rate of KRW 15 percent” (hereinafter “the first obligation”).

(2) On January 24, 2017, the Plaintiff delivered the loan amount of KRW 50,00,000 to Defendant B based on the first loan certificate (hereinafter “the second loan certificate”) or the second loan amount of KRW 30,000,000 to the Plaintiff on January 24, 2017. On January 24, 2017, the Plaintiff borrowed KRW 30,000 from the Plaintiff (creditor) at the due date set at 12% per annum (each 30,000,000 per month) and the obligor transfers the loan amount of KRW 30,000 to the Defendant B on January 24, 2018. The Plaintiff wired the loan amount of KRW 30,000 based on the second loan certificate to the Defendant under the name of the obligee.

C. The Defendants’ establishment of the right to collateral security (1) as security for the first gold obligation against the Plaintiff, and, on December 24, 2014, the Ulsanbuk-gu, the Defendant B owned on December 24, 2014, and one parcel of land F apartment G (hereinafter “1 real estate”).

(2) On December 29, 2016, the establishment of a mortgage on the same day was completed with the maximum debt amount of KRW 20,00,000 as the grounds for registration, and the establishment of a mortgage on the part of the debtor B and the plaintiff as the mortgagee. On December 28, 2016, the establishment of a mortgage on the above day was canceled with the date of termination as the grounds for registration. (2) As to the H building I (hereinafter “second real estate”) owned by the defendant C, Ulsan-gu H building I (hereinafter “second real estate”), the contract was concluded on December 24, 2014 as the security for the first rent debt (the debtor under a mortgage agreement is the defendant C).