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(영문) 창원지방법원마산지원 2016.01.15 2014가합2761

대여금

Text

1. Defendant C and D jointly share KRW 60,000,000 to the Plaintiffs and the day of full payment from April 26, 2014.

Reasons

1. Basic facts

A. The Plaintiffs loaned KRW 60 million to Defendant C and D on several occasions from 2007 to 2009 on several occasions. Defendant C and D, on September 25, 2009, entered the loan amount of KRW 60 million and the interest rate of KRW 1.5% (payment on April 25, 201) to the Plaintiffs. Defendant C and D paid interest by April 201, but Plaintiff C and D did not pay the following interest and principal. (2) On September 25, 2009, Plaintiff C and D paid the interest rate of KRW 100 million to Defendant C on a yearly basis (payment on September 25, 201) and the due date for repayment was determined as until August 25, 2014. < Amended by Presidential Decree No. 25093, Sep. 25, 2014>

Defendant C entrusted the preparation of a notarial deed to a law firm inside and outside the jurisdiction of the Plaintiff B’s agent and the principal, and accordingly, a notary public signed a notarial deed on April 20, 2010 as the No. 398 of the No. 398 of the No. 2010.

B. Defendant C and D’s agreement to establish a mortgage concerning each real estate listed in the separate sheet (hereinafter “instant agreement”) was concluded with Defendant E on June 19, 2014 with regard to each real estate listed in the separate sheet Nos. 1 and (2) of the separate sheet No. 200 million won. Defendant C concluded a mortgage agreement with Defendant E on June 24, 2014 with regard to each real estate listed in the separate sheet No. 13293, Jun. 24, 2014; Defendant C concluded a mortgage agreement with Defendant E on June 19, 2014 with regard to each real estate listed in the separate sheet No. 3 and No. 12490, Jun. 24, 2014.

3. On November 17, 201, Defendant C entered into a mortgage agreement with Defendant F and the maximum debt amount of KRW 150,000,000 with respect to the real estate stated in attached list No. 7, and completed the registration of establishment of a mortgage as the Head of Changwon District Court No. 35180, Nov. 18, 201.

(c) Samlur Agricultural Cooperatives;