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(영문) 의정부지방법원 2017.09.26 2017가단100659

대여금

Text

1. The Defendant shall pay 80 million won to the Plaintiff and 23% per annum from July 21, 2015 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. On or around April 16, 2015, the Plaintiff and the Defendant each of the following descriptions (hereinafter “each of the instant notes”).

2) The Defendant: (a) borrowed the amount of KRW 80,000,000 for the right to set up security C (in subrogation payment).

1.make available the right of lease on a deposit basis (real estate lease contract) of the F Building G, H, I, and J in Scheon-si D, E;

The lease on a deposit basis shall take effect when the borrower becomes aware of the repayment of the loan.

2. If the above KRW 80 million is not satisfied by July 20, 2015, a letter of waiver of the lien under the K Housing L, M, N, andO shall be transferred to the defendant, respectively.

3. Interest on a loan amount of KRW 80 million shall be 2.5 copies per month, and legal interest rate of KRW 23% per annum after July 20, 2015 shall apply.

2) The Defendant: (a) between the Plaintiff and the Plaintiff, as to F Building G, H, I, and J of the F Buildings D, E, and each lease deposit amounting to KRW 20 million; and (b) from July 17, 2015 to July 17, 2016, the contract was written as of July 17, 2015; and (c) the said contract was written as a document attached to each of the instant documents. The said special agreement is written as the document attached to the instant contract. The term “this lease contract is provided as security. The owner of the land and the owner of the building as of the lease date are P. The Defendant is a contractor.” (c) On April 16, 2015, the Defendant drafted a memorandum of understanding with the Plaintiff on April 16, 2015, and the said letter of understanding is written as the document attached to each of the instant documents.

1. The lease agreement that the Defendant offered as security to the Plaintiff is immediately null and void when the Defendant returns each household deposit.

(1) F building G heading D and E (2) F building H heading 3 F building I. 4 F building J heading

2. When the Defendant returns the deposit money to the following households that delegated the deposit money to the Plaintiff, the right to the lien immediately shall be granted to the Plaintiff.