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(영문) 제주지방법원 2020.01.13 2019가단6194

대여금

Text

1. As to KRW 58,128,100 and KRW 200,00 among them, the Defendant shall pay to the Plaintiff KRW 558,128,100 from May 10, 2019 to July 25, 2019.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 6, the plaintiff loaned KRW 200 million to C, the defendant borrowed KRW 200 million from C on August 1, 2006, and established and created each collateral security on August 11, 2006 to C with respect to two parcels outside 1065 square meters, and Eul transferred the above claim to the plaintiff on January 20, 201, and agreed to transfer the above collateral in the name of the plaintiff to the plaintiff on January 20, 201, the defendant agreed to pay the interest on the second part of each month to the plaintiff on January 20, 201, and to transfer the interest on the second part of each month from February 1, 2011 to the plaintiff, and the plaintiff can be recognized as having paid the above collateral security in accordance with the real estate auction support procedure under the title No. 370, May 6, 2019.

According to the above facts of recognition, the defendant approved the transfer and acquisition of the bonds to the plaintiff by the defendant against the plaintiff. Thus, the defendant is obligated to pay to the plaintiff 58,128,100 won (=interest of 200,000,000 won per annum from January 20, 201 to May 9, 2019 calculated at the rate of 24% per annum of 3032 days from January 20, 2011 to May 9, 2019 - dividends of 398,728,767 won - The amount received 40,60,67 won from the day following the day on which the interest on the transfer and acquisition of the bonds was calculated for the principal amount of 200 million won from May 10, 2019 to the day after the original copy of the payment order in lieu of the complaint of this case was served until July 25, 2019; and 24% interest per annum of 12% per annum as stipulated in the Special Cases Concerning Litigation.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.