차용금
1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from March 19, 2017 to the date of full payment.
1. Indication of claim;
A. On November 10, 2015, D, the owner of the instant land (hereinafter “instant real estate”) and four lots, including the Clux 327 square meters in Incheon, to sell the instant real estate in KRW 1 billion, and from E, E sold KRW 120 million under the pretext of the said down payment, etc. (hereinafter “instant down payment”), the said sales contract was rescinded by agreement. However, D, at the time of the instant down payment, was the Defendant, who was the head of the office of the certified judicial scrivener F and F judicial scrivener at the time of the instant down payment, was returned to E, but F and the Defendant arbitrarily used the instant down payment while keeping it.
B. At the time of the above sales contract, the Defendant borrowed each money from G, H, I (hereinafter “G, etc.”) by means of a written consent for land use, etc. received from D, and completed the registration of creation of a neighboring mortgage equivalent to KRW 267,50,000 in total of the maximum debt amount (hereinafter “registration of creation of a neighboring mortgage”) with respect to the instant real estate as a collateral security holder, without D’s consent, by borrowing each money from G, H, H, I (hereinafter “G, etc.”).
C. On March 31, 2016, the Plaintiff, who decided to purchase the instant real estate from D, subrogated for KRW 183 million to G, etc. in order to cancel the registration of creation of a mortgage in the instant neighborhood, and the Defendant agreed to pay the Plaintiff the instant down payment of KRW 150 million, which the Defendant decided to return to E, to the Defendant, that the Plaintiff lend KRW 30 million in total to the Defendant. On the same day, the Plaintiff subrogated for KRW 75,98,000, KRW 50,000 to G, and KRW 50,751,00 to H, and KRW 50,751,00 to I respectively.
Therefore, the defendant is obligated to pay to the plaintiff the above loan amounting to KRW 30 million and damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
2. Article 208 (3) 3 of the Civil Procedure Act: