beta
(영문) 의정부지방법원 2014.11.28 2014나3826

대여금

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. On October 17, 2007, the Plaintiff, as the representative director of D, lent KRW 29.5 million to the Defendant B who served as the head of the above factory on October 17, 2007.

(hereinafter “instant loan”). (b)

On October 19, 2007, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the provisional registration of ownership transfer claim and the maximum debt amount at KRW 35 million to the 202 multi-household housing located in Namyang-si, E (hereinafter “instant real estate”) owned by Defendant C, the wife of Defendant B, in order to secure the instant loan claim.

C. From December 17, 2007, Defendant B paid KRW 1,1330,000 as interest for the instant loan by means of remitting KRW 206,00 per month to the Plaintiff or deducting the above amount from monthly pay to the Plaintiff, and Defendant B paid KRW 1,133,00 as interest.

On May 10, 2012, the Defendants prepared and provided to the Plaintiff a loan certificate with the following contents:

The Defendants borrowed KRW 30,00,000 to the Plaintiff on October 17, 2007, and the Defendants would pay to the Plaintiff 2% interest and principal from October 17, 2007 to October 17, 2017.

The borrower C on October 17, 2007

E. Defendant B withdrawn from D on May 16, 2012 immediately after preparing the instant loan certificate.

F. On February 22, 2013, with respect to the instant real estate, a voluntary auction procedure was initiated with F. On November 22, 2013, and the Plaintiff was on November 22, 2013 at the said auction procedure.

was distributed KRW 34,609,957 on the basis of the right to collateral security stated in the claim.

(hereinafter referred to as “instant dividends”). 【No dispute exists, entry of Gap evidence 1-1, 2, Gap evidence 5, and Eul evidence 1-3, and the purport of the whole pleadings.

2. The parties' assertion

A. On October 17, 2007, the Plaintiff asserted that the Plaintiff would receive interest rate of 2% per month from Defendant B, and lent the instant loan. The Defendants repaid the interest accrued until November 16, 201 with respect to the said loan by KRW 2,879,557 among the principal and interest rate.

Therefore, the defendants are in this case.