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(영문) 서울동부지방법원 2017.10.20 2017가단102250

대여금

Text

1. The Defendant’s KRW 102,00,000 as well as 5% per annum from December 9, 2016 to April 11, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On December 16, 2014, the Plaintiff and her husband C, the Defendant and her husband D, E, and her husband F F, jointly purchased three lots of land, including G, 765 square meters, etc. (hereinafter “instant land”), and completed the registration of ownership transfer on February 4, 2015, respectively.

B. On June 5, 2016, the Defendant couple requested the Plaintiff’s husband and wife and F husband and wife to lend money. Accordingly, the Plaintiff and F concluded a sales contract with the Defendant to purchase KRW 300 million of the share of the Defendant out of the instant land for the purpose of securing each of the loans by setting the Defendant’s payment period of KRW 100 million and KRW 2 million with interest rate of KRW 6 months and KRW 2 million.

(Attachment No. 100 million won on the date of the instant accord and satisfaction agreement (hereinafter “instant accord and satisfaction agreement”). The Plaintiff remitted to the Defendant the sum of KRW 25 million on June 8, 2016, and KRW 100 million on June 8, 2016 (hereinafter “instant loan”). The F also remitted KRW 100 million to the Defendant around that time.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 and 2, the testimony of witness F, the purport of the whole pleadings

2. According to the reasoning of the judgment on the cause of the claim, barring any special circumstance, as long as the period for repayment of the loan of this case has expired, the Defendant is obligated to pay to the Plaintiff the principal of the loan of this case 12 million won (interest of KRW 100 million and KRW 2 million) and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from December 9, 2016 to April 11, 2017, the delivery date of the copy of the complaint of this case, as sought by the Plaintiff, from December 9, 2016 to April 11, 201, and from the next day to the day of full payment, 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

3. Judgment on the defendant's assertion

A. The Defendant remitted KRW 100 million to C, and according to the special agreement on the accord and satisfaction agreement of this case, the deposit account with the loan of this case is set at the Plaintiff’s new bank account, but the above KRW 100 million is set at C.