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(영문) 서울동부지방법원 2015.05.22 2014가단57625

대출금반환

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 1,009,604,250, and Defendant A with respect thereto from February 25, 2015, and Defendant B.

Reasons

Basic Facts

In full view of the statements in Gap 3, 5, 7, and 8 as well as the overall purport of testimony and arguments by the witness D, the Plaintiff entered into a loan transaction agreement with the defendant Eul on December 23, 2009, with the purport of the plaintiff's 1.74 billion won, the plaintiff's 1.74 billion won as of December 23, 2012, with the due date until December 23, 2012, with the interest rate of 9.2% per annum, with the delay damages rate of 22% per annum (hereinafter referred to as "the loan of this case"). The loan under the loan transaction agreement of December 23, 2009 as of December 23, 2009, remitted the above loan of 1.74 billion won to the defendant Eul's account, and the defendant A did not repay the principal and interest of 2.366 billion won as of November 25, 2014.

On the other hand, on November 26, 2014, the Plaintiff received reimbursement of KRW 1.37,330,000 among the above loans.

According to the above facts finding as to the claim against Defendant A, Defendant A is obligated to pay the Plaintiff the above loans of KRW 1,009,604,250 (i.e., KRW 2.36,934,250 - KRW 1.37,330,00) and damages for delay.

The facts of recognition of determination as to the assertion by Defendant B and Defendant C are substantial operators of Defendant C (hereinafter “Defendant Company”) for real estate development business, etc., and the representative director of the Defendant Company is Defendant B’s wife.

Defendant B is D and an elementary school building that the Plaintiff worked as E.

Defendant B asked the Plaintiff, through D at the latest in 2009, whether the Plaintiff could receive a loan of 6,520 square meters of F forest land at the time of Pakistan owned by the Defendant (hereinafter “instant land”) as collateral.

At that time, Defendant B decided to newly construct a tenement house on the ground of the instant land, and the secured loan was secured as a business fund.

Plaintiff

As a result of the public appraisal of the instant land according to D’s instructions, G was informed that the appraisal of inside and outside KRW 2.4 billion is calculated, in case of a house, it is possible to lend up to 70% of the appraisal price, and the external appraisal is based on the appraiser.