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(영문) 서울중앙지방법원 2016.01.15 2015가합13046

대여금

Text

1. The Plaintiff:

A. Defendants B and C are jointly and severally liable for KRW 150,000,000 and Defendant C with respect thereto from August 5, 2015 to January 5, 2016.

Reasons

1. Basic facts

A. Defendants C and D related to the parties are siblings, and Defendant B is the wife of Defendant C.

B. On December 1, 2010, Defendant B and the Plaintiff borrowed KRW 30,000,000 from the Plaintiff on a monthly interest rate of 4% and the due date of repayment of one year (hereinafter “instant primary loan”) (hereinafter “instant primary loan”).

) The interest rate of KRW 120,00,000 was set at 2.5% per month, and was borrowed (no reimbursement was made).

The second loan of this case hereinafter referred to as “the second loan”).

Defendant B: The next month;

2. As to the real estate owned by the Defendant, the Plaintiff created the right to collateral security with the maximum debt amount of KRW 150,000,000.

2) Since then, Defendant B agreed to lower the interest on the first loan of this case to 3% per month, and paid the interest on the second loan of this case to September 30, 2012. With respect to the second loan of this case, Defendant C and the Plaintiff paid the interest up to July 31, 2012. (c) Defendant C borrowed KRW 50,000,000 from the Plaintiff on October 18, 201, with the payment period of KRW 2.5% per month, and the payment period of KRW 50,00,000 per year (hereinafter “third loan of this case”), and Defendant D jointly and severally guaranteed this.

2) Defendant C paid interest on the instant third loan up to August 17, 2012. D. Defendant D and the Plaintiff’s investment contract (i.e., an investment contract) concluded a contract with the Plaintiff on December 15, 201 to receive an investment of KRW 80,000,000 from the Plaintiff on December 15, 201, and to return the amount equivalent to KRW 80,000,000 as principal and KRW 30% of the investment amount within six months from the date of the investment contract.

(2) On October 19, 2012, Defendant C is obliged to pay interest of KRW 62,00,000 for the said investment amount of KRW 80,00,000,000, and the interest unpaid from June of the same year to September of the same year as KRW 62,00,000 (monthly 1,50,000 x 4 months) (hereinafter “instant investment contract”). Defendant C is obliged to pay interest of KRW 62,00,000 for the said principal amount of KRW 62,00,000 after the next year (hereinafter “instant written confirmation”).

was drawn up.