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(영문) 수원지방법원 2016.07.12 2015가합63216
대여금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 990,000,000 for the Plaintiff (Counterclaim Defendant) and its amount from April 22, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. From January 27, 2010 to October 27, 2010, the Plaintiff lent a total of KRW 990,000,000 to the Defendant without setting interest and due date as follows:

On March 18, 2010: 10. 30,000; 20. 30,000; 30,000,000; 40,000 on March 23, 2010; 50,000,000 on March 24, 2010; 30. 60,630,00. 10,000,000 on March 24, 200; 40. 6. 6. 10,000,00 on March 25, 2010; 40. 10,000 on March 30, 200, 200; 5. 10,000,00 on March 30, 200; 40. 10,000 won;

B. On March 22, 2010, the Defendant drafted a letter of performance with the following content to the Plaintiff.

In addition, on March 23, 2010, the Defendant drafted a contract with the Plaintiff that the Defendant set up a collateral security right of KRW 700,000,000 with respect to the land of KRW 16290,000,000 with respect to the land of the wife population C, the wife population C, and KRW 16290,000,000 with respect to the land of the same day (hereinafter “instant land”) in order to secure the Plaintiff’s obligations owed to the Plaintiff at present or in the future.

1. The Defendant borrowed 540,000,000 won to the Plaintiff.

2. In borrowing the above money to the Plaintiff, the Defendant sold 1983.48 (600 square meters) with the size of the Defendant’s ownership among the total size of 16,290 square meters of the land of this case, and simultaneously paid all the loans to the Plaintiff.

Provided, That in principle, the defendant shall obtain the consent of the plaintiff when selling the above real estate.

3. The transfer income tax accruing when the Defendant sells the above real estate at an average of less than KRW 1,200,000 shall be borne by all by the Defendant and, if sold in excess of KRW 1,20,000 per average, KRW 1,20,000 per average.

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