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(영문) 인천지방법원 2018.08.16 2018가단202230
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 125,00,000 and the interest rate of KRW 15% per annum from February 3, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On January 20, 2015, the Plaintiff agreed with the Defendant on January 20, 2015, as the Plaintiff was unable to repay the money after lending the money to the Defendant.

(hereinafter “instant agreement”). ① The seller (the Defendant) borrowed money from the buyer (the Plaintiff) to the buyer (the buyer) shall provide the third floor unit D of the C building in Chuncheon City (the grounds for registration on the register) in order to repay the total amount of KRW 125,00,000.

② As regards the creation amount of the first right to lease on a deposit basis established on the said real estate, the sum of KRW 15,000,000 and that of KRW 80,600,000,000 for the second right to collateral security, the Defendant is responsible for the reimbursement of the principal and interest, and shall register the cancellation thereof.

(3) The defendant shall be fully responsible for and resolve the interest and legal issues arising from the limited real right established on the above real estate until June 30, 2015.

④ If a limited real right established on the above real estate is liable to the defendant and is not registered for cancellation within the above period, even though the above real estate has been registered for transfer of ownership to the plaintiff through sale, the Defendant’s obligation to KRW 125,00,000 shall not be extinguished.

B. The Plaintiff completed the registration of ownership transfer on January 22, 2015 due to sale on January 20, 2015 with respect to the above real estate owned by the Defendant according to the instant agreement.

C. The Defendant did not cancel the right to lease on a deposit basis set forth in the above real estate up until now, and the right to lease on a deposit basis, the maximum amount of which is 15,000,000, and the maximum amount of related claims.

[Ground of recognition] No. 1, entry of Gap evidence and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the Defendant failed to cancel the limitation on the above real estate within the time limit, the Defendant’s obligation to borrow KRW 125,00,000 against the Plaintiff was not extinguished.

Therefore, the defendant shall serve the plaintiff 125,000,000 won under the agreement of this case and a copy of the complaint of this case.

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