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(영문) 서울서부지방법원 2016.10.19 2016가합554

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2.5 billion and KRW 2.0 billion among them, from December 4, 2014, and KRW 500 million.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendants: (a) on December 3, 2014, set up a contract under the following terms and conditions; and (b) on December 3, 2014, enter into a monetary loan agreement (hereinafter “first loan agreement”).

A) A loan contract: Plaintiff B and a joint guarantor: Defendant C, D, and loans: The amount of KRW 2 billion per annum: 12% and the due date for payment: December 2, 2015: The rate of interest rate for delay: 18% per annum: the security for loans: The security for the secured property (which is currently a security trust to K non-real estate trust company): The location of the secured property (which is located outside the F), the same G (H) (1.5 billion won: the third priority beneficiary of the E trust ledger, and the amount of KRW 1.5 billion: the amount of KRW 6.5 billion established with the first priority beneficiary of the G trust ledger, and the amount of KRW 6.5 billion with the previous real estate beneficiary of the loan trust agreement of KRW 500 million, which was described as the first priority beneficiary of the second priority beneficiary of the G trust ledger, and the amount of each of the above secured real estate (the amount of KRW 6.500 million with the previous real estate beneficiary of the loan trust agreement of KRW 5000,000,5000,000,00.

3) On December 2, 2014, Defendant D, the Plaintiff’s punishment, received KRW 2 billion from the Plaintiff to the said Defendant’s new bank account (I) and withdrawn in the check on December 3, 12, 2014. (4) Defendant B, on December 4, 2014, prepared a receipt stating that “the Plaintiff received KRW 2 billion regularly from the Plaintiff,” and issued it to the Plaintiff via Defendant C, attaching a certificate of personal seal impression.

B. Facts1 relating to the second lending contract) The Plaintiff and the Defendants, on December 12, 2014, prepare a contract under the following terms and conditions, and enter into a monetary loan agreement (hereinafter “second lending agreement”).

AB concluded the agreement.

The second lending contract and the second lending contract: Defendant B.