beta
(영문) 인천지방법원 2018.11.14 2017가단247052

대여금, 소유권이전등기절차이행 청구의 소

Text

1. Defendant B shall pay to the Plaintiff KRW 209,640,694, and KRW 10,000,00 among them, with full payment from December 16, 2012.

Reasons

1. Facts of recognition;

A. From 207 to 2010, the Plaintiff and Defendant B lent KRW 22,80,000 to Defendant B in 2007, KRW 8,700,000 in 208, and KRW 60,500 in 2009.

The Plaintiff received reimbursement of KRW 73,50,000 in total from Defendant B in the year 2007, KRW 10,290,000 in the year 2008, KRW 18,301,200 in the year 2009, and KRW 27,50,000 in the year 2010.

B. From 201 to 2013, the Plaintiff and Defendant B lent KRW 35,00,370, and KRW 31,800,000 to Defendant B in 201, and KRW 31,80,000 in 2012, and KRW 3,800,370 in 2013. Separately, on December 14, 2011, the Plaintiff loaned KRW 5,00,000 to Defendant C’s bank account designated by Defendant B by means of remitting KRW 7,00,000 in 20, and KRW 80,000 in 200 in 2012 to Defendant B’s total number 16,00 in 20,000 in 206.

Defendant B repaid KRW 7,770,00 among the previous loans to the Plaintiff as part of the fraternity payments received from the Plaintiff, and did not pay KRW 22,050,000 to the Plaintiff.

3) The Plaintiff used the loan transaction amounting to KRW 10,00,000 on June 25, 2012 to Defendant B as interest rate of KRW 3% on a monthly basis and due date of repayment on December 15, 2012. ② The loan transaction amounting to KRW 10,000,000 on July 10, 2012 was determined and lent until December 15, 2012; ③ around July 2012, KRW 20,000 and KRW 30,000,00 each due date was determined and lent to the Plaintiff as of December 15, 2012. (c) Although Defendant B related to the credit card transaction borrowed KRW 20,000 among the Plaintiff and Defendant B from the Plaintiff in 2014, KRW 200,000,000, KRW 30,000 on July 15, 2012, Defendant B was equivalent to KRW 90,20984,200.