beta
(영문) 전주지방법원 2018.09.19 2017가합1966

대여금

Text

1. The Plaintiff:

A. Defendant B’s KRW 450,000,000 and for this, KRW 5% per annum from February 6, 2018 to September 19, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

A) On August 29, 2011, D borrowed KRW 200 million as of November 29, 201 to the Plaintiff, the Plaintiff’s child, E, the due date for reimbursement of KRW 200 million (hereinafter “instant loan 1”).

3) In order to secure the payment of the above borrowed money, F, G, H, and I (hereinafter “instant land”).

(2) On August 30, 2011, E completed the registration of creation of a neighboring mortgage of KRW 260,000,000,000 for the maximum debt amount due to the contract on August 29, 2011.

B. On November 18, 2011, the Plaintiff and Defendant B drafted a notarial deed (Evidence A) of a monetary loan agreement with the effect that “The Plaintiff, on November 18, 2011, lent KRW 225 million to Defendant B, with the maturity of payment on November 18, 2011, set at KRW 30 million per annum, to Defendant B.”

(hereinafter referred to as “the second loan of this case”)

On January 19, 2015, the Defendants prepared the instant payment note to the Plaintiff, “The Defendant C shall simultaneously redeem the loan amount of KRW 200 million and at the same time cancel the right to collateral (Article 1). The interest accrued from the loan amount of KRW 50 million shall be determined and redeemed later (Article 2). The Defendants shall repay the amount adjusted by mutual agreement between the creditors, the obligor, and the obligor (the scheduled date of redemption shall be four months later), and the interest shall be to be paid 1.25% per month from the date of the loan (Article 3), with the payment note (Article 1) stating that “The Defendant C shall sign and seal on the debtor, and Defendant C shall not repay the amount of the loan amount of KRW 225 million.”