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(영문) 서울서부지방법원 2015.06.25 2014가합7261

대여금

Text

The Defendants jointly and severally liable to the Plaintiff for KRW 130,022,713 and KRW 128,897,571 from May 3, 2008 to June 25, 2015.

Reasons

1. Basic facts

A. Since Defendant C and wife acquired ownership of land (hereinafter “instant H land”) such as Gwangju City D, E, F, and G around 2002, Defendant C and wife were running the business of building and selling all the instant H land on the said H land.

B. During the process of the above business, the Defendants requested I to acquire the above H land and building upon auction on the land of this case and its ground, and I invested funds and acquired the ownership of the above H land by auction around January 2, 2006.

C. After that, on September 2007, the Plaintiff: (a) decided to lend KRW 200,000 to the Defendants at an interest rate of 2.5% per annum (hereinafter “instant loan”); (b) deducted KRW 8,00,000 on September 21, 2007 at an interest rate of KRW 92,00,000; and (c) granted KRW 92,00,000 on October 2, 2007, after deducting KRW 8,00,000 on the title of interest; and (d) received a promissory note from Defendant B and I on September 21, 2007 at a face value of KRW 30,00,000,000,000 on the collateral of the instant loan; and (e) obtained a signature or pledge on the instant loan as the debtor’s agent; and (e) obtained a signature or pledge on the instant loan amount of KRW 300,000 on December 21, 2007.

(hereinafter referred to as “the establishment registration of a neighboring mortgage on September 21, 2007”) D.

Defendant C paid to the Plaintiff KRW 10,000,000 in total, as interest on November 2, 2007 and December 2, 2007, KRW 2,500,000 on the instant loan, on November 22, 2007, KRW 2,500,000 on November 23, 2007, KRW 2,000,000 on November 23, 2007, and KRW 3,000,000 on November 26, 2007.

E. On February 23, 2008, the Plaintiff added 220,000,000 won to the Plaintiff plus 5,000,000,000 won (=20,00,000,0000,000 of the instant loan x 2.5% per month interest rate per month) by agreement between Defendant C and I, Defendant C and I, and I, from December 21, 2007 to March 21, 2008, respectively. < Amended by Act No. 8730, Dec. 21, 2007>