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(영문) 광주지방법원 순천지원 2018.01.10 2016가단10746
대여금
Text

1. The defendant shall pay to the plaintiff KRW 29,447,376 as well as KRW 25,00,000 among them, from August 19, 2016 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who has completed registration of credit business from around 2009 pursuant to the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”) and engages in credit business in the name of “C”.

B. On December 20, 2007, the Plaintiff purchased from the Defendant the purchase price of KRW 1029 square meters (hereinafter “instant land”) prior to D in leisure time, for KRW 700,000,000, and completed the registration of ownership preservation in the Plaintiff’s name.

C. E demanded the Plaintiff to return the instant land by asserting that it was its own ownership, and the Plaintiff rejected it, thereby filing a complaint with the Plaintiff as a violation of the Act on Special Measures for the Registration of Real Estate.

On June 16, 2011, the Plaintiff completed the registration of ownership transfer for the instant land to E, and the said land was completed on April 8, 2014 in F.

E. The Plaintiff filed a complaint with the suspicion of having acquired the ownership of the instant land by threatening him/her, and filed a non-prosecution decision on July 17, 2015, by asserting that E acquired the ownership of the instant land.

F. On the other hand, around November 2012, the Defendant borrowed KRW 22,00,000 from the Plaintiff as to the actual cost of the fishing vessel. On the other hand, the Defendant borrowed KRW 20,000,000 from the Sado Do Do Do Do Do Do as security after taking over the vessel with the aforementioned loan,

G. On December 30, 2015, the Plaintiff prepared a monetary loan agreement with the Defendant on November 27, 2012, 2012, with “a loan of KRW 25 million on the lending date, maturity of KRW 30,000,000, interest rate of KRW 10% on December 30, 2016, and 780 on December 30, 2015, the Plaintiff drafted a notarial deed under a money loan agreement with a notary public’s G office (hereinafter “notarial deed of this case”).

H. On July 27, 2016, the Plaintiff drafted a certificate of borrowing with the Defendant (hereinafter “certificate of borrowing”).

Borrowing Money Certificate

1.The above amounts shall be borrowed and agreed on n.e., n.g., n., e., g., n. 25,000,000 won and:

2. Date of repayment: December 30, 2016;

3.The interest shall become due for 34.9% per annum.

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