beta
(영문) 의정부지방법원 2017.04.19 2016가단22233

대여금 등

Text

1. Defendant B:

A. From May 31, 2016 to the Plaintiff (Appointed Party) KRW 20,000,000 and its related thereto:

(b) the selector;

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointed Party D transferred the Plaintiff’s account to Defendant B a sum of KRW 120 million (hereinafter “the instant money”) as follows.

KRW 30 million on September 17, 2015, KRW 20 million, KRW 30 million on September 22, 2015, KRW 20 million on March 18, 2016, KRW 20 million on March 18, 2016, KRW 30 million on May 18, 2016, KRW 20 million on May 30, 2016.

B. On September 18, 2015, Defendant B prepared and executed a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the content that he/she borrowed KRW 50 million from the Plaintiff and the selector at interest rate of KRW 2 million each month (hereinafter “the instant loan certificate”). On May 18, 2016, Defendant B drafted a notarial deed of a monetary loan agreement with the content that he/she borrowed KRW 100 million at interest rate of KRW 25% per annum.

C. On July 5, 2016, Defendant B entered into a mortgage agreement with Defendant C regarding each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) which is one of the only properties of the Defendant C (hereinafter “instant real estates”), with the maximum debt amount of KRW 120 million (hereinafter “instant mortgage agreement”). On the same day, Defendant C completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring real estates”).

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 through 9, Eul 4, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Defendants asserted to the effect that the instant money is not a loan, but an investment paid for stock investment. However, even if the use of the said money was for stock investment, the legal nature of the total amount of KRW 100,000,000,000,000,000,000,0000,0000,000,000,0000,0000,000,000,000,000,000,000,0000,000,0000,000,000,000,000,000,000