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(영문) 광주지방법원목포지원 2019.12.04 2019가단51667

약정금

Text

1. The Plaintiff, Defendant B, Defendant C, and Defendant C, as to each of the said money, KRW 88,696,010, and each of the said money from June 9, 2018.

Reasons

1. Facts of recognition;

A. The status of the parties is between the Plaintiff and the Defendant B, and the Defendant C is the children of Defendant B.

B. (1) The Plaintiff deposited KRW 230 million in Defendant B’s account on August 4, 2015, and deposited KRW 250 million in Defendant C’s account on November 11, 2015.

(2) After November 11, 2015, the Plaintiff prepared a loan certificate (Evidence A 4) with Defendant C stating “the Plaintiff, the borrower C, the amount borrowed KRW 250,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

In addition, on November 11, 2015, the date of preparation with Defendant B, the Plaintiff prepared a loan certificate with “the Plaintiff, the borrower, the amount of the loan 200 million won, the interest rate of November 11, 2015, and 15% per annum” (hereinafter “the loan certificate of this case”).

C. On the other hand, the Plaintiff created the right to collateral security, and Defendant B owned 4/9 shares in attached Tables 1, 2, 3, 4, 6, and 7, and Defendant C owned 5/9 shares in each of the above real estate, as indicated in attached Tables 1, 2, 3, 4, 6, and 5/9 shares in each of the above real estate (hereinafter referred to as “each of the instant real estate,” and according to the attached Table when specifying each of the real estate), and the Plaintiff loaned money to the Defendants on November 11, 2015, while completing the loan of money to the Defendants, and completed the registration of collateral security with respect to each of the five/9 shares and five shares in each of the above real estate owned by Defendant C, 50 million won in maximum debt amount, and the debtor completed the registration of collateral security with respect to each of the instant real estate owned by Defendant C on November 12, 2015.

As to each of the 4/9 shares of Defendant B’s 1, 2, 3, 4, 6, and 7 real estate, the registration of the establishment of a neighboring establishment with the debtor as Defendant B was completed.

The Defendants’ repayment and distribution (1) Defendant C is 200 million won on May 2, 2017 to the Plaintiff.