beta
(영문) 서울중앙지방법원 2014.01.16 2011가단453120

대여금

Text

1. Defendant (Counterclaim Plaintiff) and Defendant B jointly and severally filed a claim against the Plaintiff (Counterclaim Defendant) for KRW 19,791,794 and the claim therefor. < Amended by Act No. 10226, Apr. 2, 2010>

Reasons

1. Under the premise factual basis, the principal lawsuit and counterclaim shall be considered together.

A. On September 23, 2009, the Plaintiff, a credit service provider, stated that the period of repayment (the expiry date of the loan) of KRW 500 million to the Defendants was “ March 23, 2010,” but there is no dispute between the Plaintiff and the Defendants on September 30, 2009 when the Plaintiff actually paid the above loan to the Defendants on September 30, 2009.

The interest rate was 4% per month (1%) and 2% per month, 2-3 months, 2.25% per annum, 30.25% per annum, 4% per annum, 49% per annum, 2% per month extension per annum, 30% per annum, 49% per annum, 49% per annum, and 6-month extension per annum as of the date of payment of interest, and 10 million won per annum, 5 million won per notarial expenses, 13,23,00 won per annum (hereinafter “instant loan agreement”).

B. On September 30, 2009, the Plaintiff borrowed KRW 490 million from the ADK Mutual Savings Bank Co., Ltd., Ltd.., and paid KRW 341,690,354 with the Defendant’s repayment of other loans and the expenses for Defendant A’s acquisition of approximately 341,690,354 (hereinafter “the apartment of this case”) in Sungnam-si, Sungnam-si, with the repayment of KRW 126,80,000 with the amount of KRW 20,259,046 with the Defendant’s repayment, etc., and paid KRW 3808,000 with the amount of appraisal expenses and KRW 897,600 with the amount of appraisal expenses.

C. Meanwhile, on September 30, 2009, Defendant A completed the registration of ownership transfer of the instant apartment on the ground of sale on June 1, 2006 with respect to the instant apartment on which the said loan was received from the Plaintiff, and on the same day, completed the registration of ownership transfer under his own name, and on the same day, the registration of ownership transfer of the said apartment with respect to the said apartment in the name of the Plaintiff.