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(영문) 수원지방법원 2016.09.07 2014가단23542

대여금

Text

1. The Defendant’s KRW 40,000,000 as well as the Plaintiff’s annual rate from May 8, 2013 to February 28, 2014.

Reasons

1. Basic facts

A. C (the name of a pastor: D) is a member of the Feminite Association (hereinafter referred to as the “Feminite Association”) located in Suwon-si E, and around March 2013, the Defendant and the members of the Feminent Association asked G to borrow money.

B. Accordingly, the Defendant and G agreed to borrow KRW 80 million from the Plaintiff through H’s introduction, and around March 25, 2013, written the following loan agreement (hereinafter “the instant loan agreement”).

O The defendant and G have borrowed KRW 80 million to the plaintiff.

(O) Date of borrowing: The date of repayment on March 8, 2013: if the payment is due on April 6, 2013, theO if the payment is not made on the said date, the Plaintiff shall take the following additional measures, and then the date of repayment shall be changed to May 7, 2013:

(No change in the amount of rent) . - With respect to I real estate (it is the land owned by the FIF association; hereinafter referred to as the "land owned by a church"), six million won shall be mortgaged.

- - The J is entitled to a monetary loan of 80 million won.

- - Having a collateral security of 10 million won to K of the wife population at the time of G-owned.

C. On the other hand, on March 25, 2013, the date of the preparation of the instant loan agreement, C prepared a letter stating that “This church will provide the Plaintiff with all documents that can be attached to the church’s land by April 1, 2013, and the documents provided, which the Plaintiff would allow the Plaintiff to create a collateral security on the above land on April 9, 2013, and written it.”

In order to secure the above loan debt, on March 26, 2013, the Defendant completed the registration of creation of a neighboring mortgage on the ground of the contract concluded as of March 21, 2013 with respect to the above K-type 1,025/1,326 shares out of the wife population 1,326 square meters and the above K-type 1,326 shares, and the building on the ground of the above K-type 1,30 million won and the building on the ground of the contract concluded as of March 21, 2013.

E. On March 26, 2013, G also concluded on March 26, 2013, the registration of the establishment of a neighboring mortgage of KRW 40 million with respect to the land L of the Young-si flood Zone owned by G to the Plaintiff.

(f)in this regard;