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(영문) 창원지방법원마산지원 2017.11.08 2016가합101020

대여금

Text

1. Defendant F Co., Ltd.:

A. As to the Plaintiff A’s KRW 50,000,000 and KRW 30,000 among them, from July 1, 2015.

Reasons

1. Basic facts

A. On December 2, 2013, Plaintiff A lent KRW 20,000 to Defendant FF Co., Ltd. (hereinafter “Defendant Company”). After doing so, in preparing a loan certificate, the Defendant Company paid 24% interest per annum, and decided to pay by June 30, 2015. In addition, Plaintiff A lent KRW 30,000,00 to the Defendant Company for interest rate of KRW 30,000 and June 30, 2015. (2) Plaintiff C loaned KRW 50,000,000 to the Defendant Company from March 3, 2015 to October 10 of the same year, and thereafter, the Defendant Company paid KRW 20,000 to the Defendant Company for interest rate of KRW 30,000 to June 30, 2015.

3) On June 24, 2015, Plaintiff D loaned KRW 20,000,000 to Defendant Company as interest rate of KRW 1.5% per month and on January 30, 2016. 4) Plaintiff E loaned to Defendant Company as of May 6, 2015, KRW 5,000,000, and June 30, 2015, KRW 10,000 as interest rate of KRW 2% per month and September 30, 2015.

5. On December 23, 2015, Sejong Construction Co., Ltd. transferred to the Plaintiff B the agreed amount of KRW 50,000,000 and its incidental claims, which became due and payable with the Defendant Company, and notified the Defendant Company of its transfer.

B. The Defendant Company entered into a pre-sale agreement between Defendant G and the Defendant Company on July 31, 2015 and Defendant G

1. Each real estate listed in the list (hereinafter “instant real estate”) entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with respect to the sale and purchase of each real estate (hereinafter “instant real estate”), and Defendant G completed the registration of the right to claim transfer of ownership under the Changwon District Court’s subordinate registry office No. 11978 on July 31, 2015.

C. The conclusion of a mortgage contract between Defendant H and Defendant Company also attached to Defendant H on October 12, 2016.

2. The contract to establish a mortgage concerning the recorded real estate (hereinafter “mortgage”) was concluded, and the above real estate was established.