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(영문) 부산지방법원 2015.05.21 2014가합44874

대여금

Text

1. For the plaintiff B:

A. Defendant D shall pay KRW 150,000,000 as well as 20% per annum from May 22, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. Plaintiff B’s loan 100 million won around February 2013, 2013, Plaintiff B, around February 2013, to Defendant E, each of the above apartment units (hereinafter “each of the instant apartment units”) out of the sale price under the F apartment units 102, 202, 402, and 101, 103, and 101, the above apartment units (hereinafter “each of the instant apartment units”).

3) The term “loans related to each apartment of this case” refers to the term “loans related to each apartment of this case” in which the payment period is set as three months from the date of completion of the registration of each apartment of this case, excluding the amount equivalent to

(2) On February 22, 2013, Defendant C and D jointly and severally guaranteed Defendant E’s above loan obligation at the time of the above loan. 2) On February 22, 2013, Plaintiff B owned each of the instant apartment units around KRW 100 million to Defendant E, Defendant C and D completed the registration of transfer of each of the above units of apartment units to Defendant E on February 8, 2013, and on February 8, 2013, Defendant E completed the registration of transfer of ownership as to the above 102 units of unit 402 units of unit 103 units of unit 101.

B. On February 28, 2013, Plaintiff B received a request from Defendant C to lend KRW 100 million as collateral on the land under the name of the said Defendant on or around February 28, 2013. In the absence of lending KRW 100 million, Plaintiff B issued a loan certificate (Evidence 2) stating that “the above Defendant received KRW 100 million and deposited it to the account designated by Plaintiff B by April 30, 2013.” However, Plaintiff B and Plaintiff A (hereinafter “Plaintiff”) did not lend the above KRW 100 million to the said Defendant, but the representative director of Plaintiff B and Plaintiff C (hereinafter “Plaintiff”) did not sell the said loan certificate to the said Defendant, in collusion with Defendant D, who did not sell the said KRW 100 million on or around March 19, 2013.