beta
(영문) 대구지방법원 2012.02.21 2010가합11921

대여금등

Text

1. The defendant,

A. The Plaintiff KRW 7,544,600 and the Plaintiff’s annual rate of KRW 5% from February 4, 2012 to February 21, 2012.

Reasons

1. Facts of recognition;

A. On September 25, 1995, the Plaintiff prepared a sales contract with the content that the Plaintiff and two other parties purchase the purchase price of KRW 575,500,000 (the contract amounting to KRW 60,000,000,000 and KRW 515,550,000,000,000,000,000 won (the contract amount to KRW 60,000,000,000,000,000 won) from D, Daegu-gu, Daegu-gu, as the purchaser and two other parties (hereinafter “instant land”).

On the same day, D prepared a receipt to the Plaintiff that he was paid the down payment of KRW 60 million.

B. On October 25, 1995, the Defendant concluded a loan contract of KRW 350 million with E (hereinafter “E”) and created superficies, respectively, which was owned by D, with the maximum debt amount of KRW 490 million, the debtor, the defendant, and the person holding the right to collateral security and the person holding the superficies E, on the instant land owned by D at the time of concluding the loan contract.

C. On November 28, 1995, the Defendant drafted a sales contract with D to purchase the instant land from D in the amount of KRW 540 million. The Defendant completed the registration of ownership transfer on December 13, 1995 with regard to this land on the ground of sale on November 28, 1995, on the ground that the Plaintiff purchased KRW 540 million.

(The shares of the plaintiff are 109.4/539.2, and the shares of the defendant are remaining 429.8/539.2).

With respect to the purchase of the instant land, the Plaintiff paid KRW 13,608,000 on December 13, 1995, and paid KRW 8,316,000 on January 6, 1996.

E. After October 25, 1995, the Plaintiff held the passbook loan amounting to KRW 100 million in the name of the Defendant ( KRW 350 million in the account number F and KRW 250 million in the account number G). On June 26, 1996, the Plaintiff cancelled this, and received a loan again in the name of the Defendant by lowering the interest rate of the borrower.

(100 million won is changed from account number H, interest rate 16.80 to 16.20%, and 250 million won from account number I, interest rate 17.50% to 16.70%). On December 12, 1998, the Plaintiff borrowed KRW 300 million from J Bank (the name of the borrower is the K Company operated by the Plaintiff) from J Bank on the same day. < Amended by Presidential Decree No. 14870, Oct. 25, 1995>