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Reasons
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(영문) 광주지방법원순천지원 2019.11.07 2018가합12408
대여금
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1. The Plaintiff:

A. Defendant B shall complete the payment of KRW 260,027,107 and KRW 205,00,000 among them.

Reasons

Facts of recognition

(1) On May 4, 2017, the Plaintiff, on May 4, 2017, is KRW 100 million to Defendant B (hereinafter “the first loan”).

(2) On May 12, 2017, the Plaintiff remitted the amount of KRW 20 million to Defendant B on December 5, 2017, with the name of “the monthly interest rate of KRW 20 million, and KRW 100 million from the Plaintiff on December 5, 2017,” and the Defendants affixed their seals as guarantors. On May 4, 2017, the registration for the establishment of the right to collateral security was completed, with the maximum debt amount of KRW 130 million, KRW 130,000,000,000,000,000 won, and KRW 8,000,000 on May 15, 2017, the Defendants deposited the amount of KRW 10,000 to the Plaintiff (the total amount of KRW 100,000,000,000,0000,000,000,000).

3) On June 1, 2017, the Plaintiff transferred KRW 30 million, KRW 30 million on June 7, 2017, KRW 70 million on June 13, 2017, KRW 100 million on June 13, 2017, and KRW 100 million on June 23, 2017 to each of the Defendant B (total amount of KRW 230 million; hereinafter referred to as “third-party loan”), and collectively referred to as “the instant loan”).

() On June 23, 2017, Defendant B prepared a cash custody certificate stating that “The Plaintiff shall pay the said money to the Plaintiff by July 20, 2017,” and Defendant C signed and sealed the said cash custody certificate as the guarantor. 4) The Plaintiff and the Defendants set the interest on the instant loan at the rate of KRW 8 million per month from July 2017 to KRW 8 million per month and KRW 5 million per month from January 2018.

(1) Defendant B is a building with G 442.5 square meters and the 4th floor above the ground (hereinafter “instant real estate”) in a leisure time.

(2) The Plaintiff agreed to sell the instant real estate to the Plaintiff on July 3, 2018, upon entering into a contract to purchase the instant real estate from the co-owners (H, I, and J) of the instant real estate. (2) The Plaintiff was the purchase price of the instant real estate, and KRW 50 million to H and Defendant B’s agent K around July 3, 2018.

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