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(영문) 대구고등법원 2018.10.25 2017나25537

차용금반환 청구의 소

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On January 15, 2014, the Plaintiff: (a) issued a certificate of borrowing from the Defendant that “the Defendant borrowed KRW 100,000,000 from the Plaintiff at a rate of 30% per annum; and (b) agreed to lend KRW 100,000 (hereinafter “the primary loan”) to the Defendant under the same conditions as the above loan certificate; and (b) made the first loan to the Defendant on January 15, 2014. The Plaintiff and the Defendant drafted an agreement to the following purport (hereinafter “instant agreement”); (c) around July 16, 2015, the Plaintiff transferred the loan to the Defendant on July 16, 2015 (hereinafter “second loan”).

The Agreement “A” (Plaintiff) “B” and “B” shall be agreed as follows:

Article 1 (Duties of “A”) “A” shall lend gold billion won (400,000,000) to “B” by July 16, 2015.

Article 2 (Duties of “B”)

1. “B” shall pay from “A” to “B” the amount calculated at the rate of 24% per annum from the date of borrowing the money described in Article 1 to the date immediately following the date of full payment.

2. However, with respect to “B” until December 31, 2015, the term “B” shall postpone the exercise of the right to the principal and interest of the loan specified in Article 1 and the preceding paragraph, and shall exercise its collection authority from January 1, 2016.

Article 3(Security of “B”)

1. “B” shall transfer to “B” the rights of “B” on a parcel of land, not less than 1,564 m2,00 m2,00 square meters before J in Seocheon-si, Chungcheongnam-do, and shall implement all procedures necessary for the transfer of rights.

Section 4 (Provision of Shares in “B”)

1. “B” shall use the money received from “A” for “G development projects” concluded on July 15, 2015 with “AWC”.

2. “B”, separate from the obligation to provide security under Article 3, is governed by Article 5 of the above Joint Project Agreement.