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(영문) 의정부지방법원 2016.09.27 2015가단123061 (1)

대여금

Text

1. The Defendant shall pay KRW 10 million to the Plaintiff the annual interest rate of KRW 24% from December 17, 2012 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 15, 2010, the Plaintiff, while lending KRW 100 million to the Defendant (hereinafter “instant loan”), drafted a loan certificate (hereinafter “the instant loan certificate”) and the key contents are as follows.

1. Terms and conditions for borrowing;

A. The above borrowed money is secured by the attorney fee claims in the case of the cancellation of registration of initial ownership preservation as to the deceased C's inherited property (heir D, etc.), which is real estate listed in the separate sheet (hereinafter "the case in question").

B. The repayment date of the above borrowed money is the time when the above case was won and the attorney's fees are received.

2. Matters specially agreed; and

A. In the case of winning the above collateral, the borrower shall pay the borrowed principal preferentially to the borrower of the borrowed principal after deducting the tax and public charges related to the case from the above contingent remuneration claim ( approximately 20% per annum), and one half of the remaining profits shall be paid to the borrower of the borrowed principal.

B. In the event that the foregoing collateral case is lost, the borrower shall pay the lender of the above loan within 15 days from the date when the loan becomes final and conclusive by applying interest of 24% per annum to the above loan.

(c) If the result of the above lawsuit is not terminated within eight months, the Parties may settle the principal and interest in accordance with paragraph (b) above, and if the borrower requests, the borrower must comply with such request.

In the case of paragraph (3) above, both parties may substitute for another object through consultation.

B. The Plaintiff entered into a contract with the Defendant to acquire a contingent fee claim for the attorney fees of the instant case from the Defendant at the time of preparing the instant loan certificate.

C. The Defendant filed a lawsuit against the Republic of Korea for cancellation of registration of initial ownership preservation (Seoul Central District Court 201Kadan2992) on behalf of the Republic of Korea on behalf of the instant case, but was sentenced to a judgment on August 17, 2012 for the claimant regarding the instant case.

For this, Korea.