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(영문) 수원지방법원안양지원 2015.07.09 2014가단107985

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from December 12, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On March 201, 201, the Plaintiff paid KRW 2.5 million to the Defendant as a contract bond for the collection of clothes, and received a loan certificate of KRW 2.5 million from the Defendant. On May 201, the Plaintiff received a loan certificate of KRW 10 million from the Defendant under the same name and received a loan certificate of KRW 10 million from the Defendant under the same name, and lent KRW 3.8 million on the date of default.

B. On August 2, 2011, the Defendant: (a) borrowed the said amount as of August 2, 201, and set up as a security security Down-gu Down-gu, Sinyang-si, Gyeonggi-do, which owned the said amount as security; (b) the period for setting up is until August 2, 2012. At the time of setting up, the Defendant borrowed KRW 30,700,000 by borrowing KRW 13,700,000 and granted the Plaintiff a certificate of loan stating that “The amount of the security was KRW 40,00,000,000.”

(hereinafter “this case’s loan certificate”). C.

On August 4, 2011, the Plaintiff: (a) registered the establishment of a mortgage over KRW 40 million with the maximum debt amount; (b) transferred KRW 13 million on August 10, 201; and (c) KRW 70 million on August 24, 201 to the Defendant’s account in the name of E by his wife.

On October 5, 2011, the Plaintiff additionally lent KRW 20 million to the Defendant as a contract deposit, and the Defendant returned KRW 10 million to the Plaintiff on October 17, 2011.

E. The defendant did not provide the plaintiff with clothes collection services.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 5, and 8, the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40 million (i.e., KRW 10 million out of the loan amount of KRW 30 million on October 5, 201) and the damages for delay calculated at the rate of 20% per annum from December 12, 2014 to the day of full payment, which is the day following the delivery of a copy of the purport of the instant claim and the application for change of cause.

B. Judgment on the defendant's assertion 1.