logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.06.13 2018가단11866
대여금
Text

1. The defendant shall pay to the plaintiff KRW 70,166,574 and KRW 54,986,207 among them, from June 19, 2008 to February 20, 2009.

Reasons

1. Facts of recognition;

A. The Plaintiff agreed to lend money to the Defendant on January 25, 2007, and borrowed KRW 130,000,000 from D and E through Co., Ltd. on January 25, 2007, for the purpose of securing the loan, the Plaintiff set up a right to collateral against D with respect to 12 parcels, including KRW 220,000,000,000 for the maximum debt amount, and KRW 20,000 for E to the maximum debt amount.

The interest on the above borrowed amount is KRW 3,250,000 per month (=130,000,000 x 2.5%).

B. Meanwhile, in order to borrow KRW 130,00,000 from D and E as above, the Plaintiff must cancel the right to collateral security under the name of G Union established on the said land, and to this end, borrowed KRW 12,00,000 from H, and KRW 50,000 from I on December 29, 2006, and cancelled the right to collateral security under the name of the said G Union.

C. Of the above KRW 130,00,000 borrowed through C, the Plaintiff paid KRW 16,540,000 among the above KRW 130,00,000 to C with loan commission and the cost of establishing a collateral security, and KRW 12,00,000 to H on January 28, 2007, the Plaintiff used the Plaintiff’s repayment of KRW 12,00,000 to H on the remainder of KRW 101,460,000 (= KRW 130,000,000 - KRW 16,540,000 - KRW 12,000,000) to the Defendant on January 25, 2007.

Accordingly, the defendant borrowed 130,000,000 won to the plaintiff on January 25, 2007 and repaid until September 25, 2007.

“The” has drawn up and issued a certificate of borrowing.

E. The Defendant paid to the Plaintiff KRW 3,320,00 on February 28, 2007, KRW 1,500,000 on April 2, 2007, KRW 2,000,00 on June 15, 2007, KRW 3,000,00 on June 18, 2007, and KRW 1,30,000 on June 25, 2007, and KRW 1,30,000 on June 18, 2007, and KRW 1,00,000 on June 18, 2008, respectively.

[Ground of Recognition] Facts without dispute, Gap's statements, Gap's evidence 1, 6 through 9, 13, 14, 17, 20, Gap's evidence 3-2, 3, Gap's evidence 4-2 through 9, Gap's evidence 5-2 through 7, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that, through C, the full amount of KRW 130,00,000 borrowed from D and E was leased to the Defendant.

arrow