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(영문) 수원지방법원안양지원 2014.11.27 2014가단7818

대여금

Text

1. As to the Plaintiff’s KRW 28,00,00 and KRW 13,00,00 among them, the Defendant shall pay to the Plaintiff KRW 15,00,000 from June 25, 201.

Reasons

1. The assertion and judgment

A. In addition to the purport of the entire pleadings in the evidence Nos. 1 and 2, if the parties concerned have no dispute and the purport of the entire pleadings, the Plaintiff’s loaning KRW 13,00,000 to the Defendant on June 25, 201 as interest rate of KRW 2% and September 25, 2011 shall be determined as the due date, and KRW 15,000,000 on June 27, 2012 as interest rate of KRW 2% and December 30, 2012 may be recognized. Barring any special circumstance, the Defendant is liable to pay the Plaintiff the above loan of KRW 28,00,000 and interest or delay damages thereon.

B. As to this, the Defendant asserts that the Plaintiff had already extinguished the Plaintiff’s loan claim on the ground that there was an agreement on payment in substitution for the repayment of the loan by transferring the ownership of 3,306 square meters and D forest land and 3,306 square meters to the Plaintiff, and accordingly, transferred the ownership of each of the above land to the Plaintiff.

In addition to the purport of the whole pleading in the statement of the evidence Nos. 1 and 1-2, the fact that the right to collateral security registered under the name of the defendant was cancelled on August 22, 201 with respect to each of the above land owned by the original E may be recognized as having completed the registration of ownership transfer in the future of the plaintiff. However, each of the evidence Nos. 2 and 3, consistent with the defendant's argument that the registration of ownership transfer was completed by an agreement on payment in kind, is difficult to believe it as it is, in light of the statement of evidence No. 3 and the fact that the above loans of the plaintiff are claims arising after the transfer of ownership, and it is insufficient to recognize it by the only statement of evidence Nos. 4-1, 2, 5 and 6, and there is no other evidence to support it. Therefore, the defendant's above assertion is without merit.

C. Accordingly, with respect to the Plaintiff’s loans of KRW 28,00,000 and KRW 13,000,000 among them, the Defendant shall pay interest at the rate of 24% per annum from June 25, 2011, which is the borrowing date, to the date of full payment, with respect to KRW 15,00,000,00, which is the borrowing date.