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(영문) 춘천지방법원강릉지원 2014.10.22 2014가단2644

대여금 등

Text

1. As to Defendant B’s KRW 80,000,000 and KRW 20,000 among the Plaintiff, Defendant B shall be from June 10, 2013 to October 22, 2014.

Reasons

1. Facts of recognition;

A. On December 10, 2010, the Plaintiff: (a) purchased three accounts in gold 30,000,000 won operated by Defendant B; (b) received KRW 30,000,000,000, which correspond to the previous unit on December 10, 2012; and (c) subsequently, was expected to receive KRW 30,00,000,000 for each unit on May 10, 2013 and June 10, 2013.

B. In addition, on October 25, 201, the Plaintiff: (a) determined 1% per month interest rate of KRW 20,000,000 to Defendant B; (b) and (c) on March 25, 2012, respectively, and lent the loan to Defendant B.

C. However, around May 13, 2013, the Plaintiff determined that the Plaintiff loaned KRW 30,000,000 to Defendant B, at Defendant B’s request, to have received as of May 10, 2013.

(Quasi-Loan for Consumption as defined in article 605 of the Civil Act)

Since then, the plaintiff was not paid KRW 30,000,000, which should have been received as of June 10, 2013 due to the locking of defendant B, the owner of the fraternity.

E. Meanwhile, Defendant B and Defendant C shared 1/2 shares of the instant real estate between husband and wife. On May 7, 2013, Defendant D and Defendant B, a father of Defendant B and Defendant B, as well as one-half shares of each of the instant real estate, concluded a collateral security agreement with regard to each of the instant real estate as “70,000,000 won at a maximum claim amount, Defendant B, C, and joint mortgagee D and E” (hereinafter “instant collateral security agreement”). On the same day, Defendant D and E completed the instant collateral security agreement with regard to each of the instant real estate each of the instant 1/2 shares.

F. However, at the time of concluding the instant mortgage contract with Defendant D, E, Defendant B was in excess of the obligation exceeding the active property.

[Ground of recognition] Unsatisfy, Gap 1-4 evidence (including paper numbers), witness F's testimony, the purport of the whole pleadings

2. Claim against Defendant B and C

A. According to the above facts of recognition, Defendant B’s total amount of KRW 80,000,000 (= KRW 30,000,000,000) including loans, etc. to the Plaintiff and its amount of KRW 30,000,000).

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