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(영문) 대전지방법원 2019.10.23 2018가합1364

대여금 등

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 57,800,000 and KRW 50,000 among them, the Defendant (Counterclaim Defendant) from July 3, 2018.

Reasons

1. Facts of recognition;

A. On June 15, 2017, the Plaintiff paid KRW 300,000,000 to the Defendant for interest, but paid KRW 150,000,000 to the principal (hereinafter “separate dividend”) up to December 31, 2017, and leased the principal due date determined on October 30, 2017.

(hereinafter “Separate Loan Agreement”). (b) Loan under a contract is a separate loan.

On November 6, 2017, the Plaintiff entered into a contract with the Defendant with the effect that “The Plaintiff shall pay 00 million won interest to the Defendant, but the dividends of 150 million won to the principal shall be paid up to May 6, 2018, and the amount of KRW 50 million out of the principal shall be paid up to January 6, 2018, and the remaining KRW 100 million shall be paid up to January 6, 2018 (hereinafter “instant loan agreement”); and the Plaintiff entered into a contract with the Defendant with the effect that the Plaintiff shall pay each of the principal up to February 6, 2018 (hereinafter “instant loan agreement”); and the Plaintiff’s loans under the contract shall be referred to as “instant loan”); and the amount of KRW 15 million shall be paid to the Defendant on November 1, 2017, and the same month.

8. Each remittance of KRW 135 million.

(A) Of the KRW 50 million, the Plaintiff transferred on November 7, 2017, among the KRW 50 million when the due date has arrived on January 6, 2018, the amount of KRW 15 million is KRW 35 million, which the Plaintiff remitted on November 8, 2017, and KRW 35 million among the above KRW 50 million, is deemed to be a loan of KRW 35 million which the Plaintiff remitted on November 8, 2017, and KRW 100 million (hereinafter referred to as “loan of KRW 15 million”).

As to the real estate indicated in the separate sheet No. 1, which was owned by the Defendant with the instant loan as the secured debt, the Defendant is the Daejeon District Court No. 16794, Nov. 9, 2017, with regard to the establishment of a mortgage agreement as to the real estate indicated in the separate sheet No. 1, 2017, based on the ground of the mortgage agreement as of November 8, 2017, the maximum debt amount of which is KRW 150,000,000,000,000 won

D. D.

The Defendant, (1) KRW 10 million on November 7, 2017, (2) KRW 27, 200,000 on November 27, 2017, (3) KRW 50,000 on January 6, 2018, (4) KRW 10 million on May 24, 2018, and (5).