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(영문) 창원지방법원 2015.08.18 2014가단10895
대여금 청구
Text

1. The Defendant shall pay 90 million won to the Plaintiff and 20% per annum from January 21, 2015 to the day of complete payment.

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 14:

On June 28, 2013, the Plaintiff transferred KRW 190 million from his/her marina account to the Defendant’s account, but was repaid to the Plaintiff and C’s account by July 5, 2013.

B. The Plaintiff again lent D KRW 190 million in total, including KRW 120 million around July 3, 2013, and KRW 70 million on July 17, 2013, to D.

C. Upon the introduction of D on October 18, 2013, the Plaintiff entered into a mortgage agreement with the Defendant as to the building listed in the separate sheet (hereinafter “instant building”) with the creditor and mortgagee, the Defendant as the debtor and the maximum debt amount of KRW 100 million. On the same day, the Plaintiff completed the registration of creation of a mortgage over the instant building owned by the Defendant. During the process, the Plaintiff was prepared and issued a loan certificate with the interest rate of KRW 1.5% per month.

On the other hand, the defendant was aware of the introduction of D in order to raise the funds to be invested to D.

As seen in the foregoing, the Plaintiff prepared a loan certificate and completed the registration of the establishment of a neighboring mortgage on the instant building, and received the loan certificate with the rate of KRW 100 million per month fixed by D as KRW 1.5% per month, and received money in the name of interest or profit for several months.

2. As shown in the above facts of recognition as to the cause of the claim, after the Plaintiff remitted KRW 190 million to D, the Defendant prepared and provided the Plaintiff with a loan certificate of KRW 100 million and the instant building owned by the Defendant as security, and no real money was received at the time of the preparation of the above loan certificate or thereafter, but the Defendant instead prepared and delivered a loan certificate of KRW 100 million from D.

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