대여금
1. Of the judgment of the first instance court, KRW 6,386,849 against the Plaintiff and the Plaintiff shall be fully paid with respect to the Defendant from June 21, 2014.
1. The name of the borrower for cash borrowed from basic facts: The name of the borrower for joint and several sureties for the defendant: The borrowing date of KRW 12 million: October 21, 2013; the borrower for the borrowed money and the joint and several sureties for the borrowed money shall provide as security the lease deposit of KRW 16 million under a contract with the lessor for the fourth floor 402 of the Geumcheon-gu Seoul Building (hereinafter “the building in this case”).
2. The due date for the borrowed money will be as of January 20, 2014.
3.The transplantation of the above borrowed amounts shall be thirty percent (30%) per annum.
4.If any of the above loans is unable to be repaid by the due date, damages for delay shall be thirty percent (30%) per annum.
5. The borrower and the joint and several sureties shall delegate to the creditor the right of lease in cases where the security becomes invalid because the above loan has not been appropriated as monthly rent and management expenses unpaid for the security provided as security.
On October 21, 2013, the borrower C, the defendant joint and several surety C
A. On October 21, 2013, the Defendant and C drafted a cash tea certificate (No. 1, hereinafter “the instant loan certificate”) with the following content to the Plaintiff.
B. The Plaintiff transferred KRW 10 million each on October 11, 2013 and October 21, 2013, to a new bank account with the name of F, which was entered at the bottom of the left-hand side of the instant loan certificate.
C. On June 19, 2014, the Plaintiff received KRW 8,000,000, out of the lease deposit for the instant building as indicated in paragraph (1) of the instant loan certificate.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 3 through 8, purport of the whole pleadings
2. The assertion and judgment
A. On October 11, 2013, the Plaintiff asserted by the parties concerned lent KRW 10 million to C in the partnership relationship with the Defendant, but was reimbursed KRW 8 million. On October 21, 2013, the Plaintiff additionally lent KRW 10 million to C as security the right to return the lease deposit under the name of the Defendant on the instant building.
In this process, the defendant interest and interest of 12 million won per annum on January 20, 2014 to the plaintiff at the rate of 30% per annum.