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(영문) 광주지방법원순천지원 2016.03.30 2015가단70635

대여금

Text

1. Defendant B:

(a) KRW 20 million and for this, 5% per annum from February 10, 2015 to March 30, 2016;

Reasons

1. Facts [based on recognition] without dispute, Gap 3, 5, 6, 7, and 11 each entry, the purport of the whole pleadings, and the purport of the whole pleadings, and defendant Eul are both parties, and defendant C is the husband of defendant Eul, and defendant Eul is a licensed real estate agent.

On April 17, 1986, with respect to E, E, 233 square meters (hereinafter referred to as "E land"), the registration of transfer of ownership in the name of Defendant B was completed on January 31, 1990 with respect to the F, F, 314 square meters (hereinafter referred to as "F") in the name of Defendant B, and the registration of transfer of ownership in the name of Defendant C was completed on January 31, 199.

F The F land transferred to G on June 7, 2002, sold in sequence to a third party, and the ownership transfer registration was completed on October 30, 2013 to H on the ground of sale and purchase on October 6, 2014.

On the other hand, on the land E, on December 9, 1989, the registration of the creation of the right to collateral security (hereinafter “right to collateral security”) with the debtor I (the plaintiff and defendant B's mother), the mortgagee's net agricultural cooperative, the maximum debt amount of 45 million won was completed, and on November 20, 2003, the registration of the change of the right to collateral security was completed with the debtor B.

On May 6, 2012, the Plaintiff and Defendant B entered into a sales contract with the purchase price of KRW 110 million for the land E, and with the down payment of KRW 3 million for an intermediate payment of KRW 20 million on May 25, 2012, and with the payment of KRW 57 million for the remainder of KRW 57 million on June 15, 2012 (hereinafter “instant sales contract”).

According to the instant sales contract, Defendant B paid the Plaintiff KRW 3 million for down payment on May 6, 2012, KRW 20 million for intermediate payment on May 25, 2012, KRW 36,593,855 out of the remainder on June 15, 2012, and the registration of the establishment of the instant root was cancelled on October 31, 2013.

2. Plaintiff’s assertion against Defendant B and C: The Plaintiff lent KRW 65 million to the said Defendants from around 1985 to around 2001; and Defendant B promised to repay KRW 20 million to the Plaintiff. As such, the Defendants are jointly and severally liable to pay the Plaintiff KRW 20 million.

Defendant B, D.