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(영문) 서울남부지방법원 2016.11.03 2016가단215831

대여금 등

Text

1. The defendant limited liability company A and B shall jointly and severally pay to the Plaintiff KRW 145,062,110 as well as their full payment from February 13, 2016.

Reasons

1. Facts of recognition;

A. On February 3, 2016, Defendant A limited liability company (hereinafter “Defendant A”) agreed to borrow KRW 246,00,000 from the Plaintiff at the loan rate of one year, interest rate of 4.8% per annum (8.6% per annum in cases of both the balance of installments and the balance of installments) and interest rate of 18% per annum, and to repay KRW 222,00,000 at the expiration date of the loan period, and to repay the remainder of the loan amount of KRW 2,00 per month from March 2, 2016.

Defendant B jointly and severally guaranteed this.

B. The Defendant A lost the benefit of time under the foregoing loan agreement on February 12, 2016, as its current account transaction was suspended.

At that time, Defendant A had a claim for the principal and interest of KRW 100,937,890 against the Plaintiff. However, on April 19, 2016, the Plaintiff set off the Plaintiff’s loan with the principal and interest interest claim retroactively from the date of loss of term interest, and on February 12, 2016, the remainder of the Plaintiff’s loan remains 145,062,110 won (246,00,000 - 100,937,890 won).

C. On the other hand, on January 29, 2016, Defendant B entered into a sales contract with Defendant C for an apartment as indicated in the separate sheet (hereinafter “instant apartment”) with the purchase price of KRW 180 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer based on the said sale under Defendant C’s name on the same day.

As of March 8, 2016, Defendant C entered into a sales contract with D with the purchase price of KRW 172,00,000 for the instant apartment, and completed the registration of ownership transfer on March 11, 2016.

D on March 17, 2016, with respect to the instant apartment on March 17, 2016, revoked the registration of creation of a neighboring mortgage with the amount of KRW 152,400,000, the Han Bank Co., Ltd. established on March 31, 2015.

[Ground of recognition] B between the plaintiff and the defendant limited liability company A and B: Each constructive confession and the defendant Eul: The entries in subparagraphs 1 through 4, and the purport of the whole pleadings

2. The plaintiff's claim against the defendant A and B with respect to the outstanding loans 145,062 against the above defendants.