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(영문) 수원지방법원성남지원 2016.08.18 2016가단201073
대여금
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) KRW 10 million and the full payment with respect thereto from March 27, 2006.

Reasons

1. Facts of recognition;

A. On March 27, 2006, the Plaintiff leased KRW 110 million to the Defendant at an annual interest rate of 18%.

On the same day, the Defendant completed the registration of creation of a mortgage (hereinafter “registration of a mortgage of this case”) with respect to the instant land owned by the Defendant as a security for the said loan, which is based on the maximum debt amount of KRW 110 million in the future of the Plaintiff.

B. After January 28, 2011, the Defendant completed the registration of ownership transfer for shares of 9,900/18,942 out of the instant land on the ground of sale or donation (hereinafter “the first registration of ownership transfer”) in the name of the Plaintiff and the Plaintiff’s land. ② On November 11, 2013, the Defendant completed the registration of ownership transfer for shares of 6,611/18,942 out of the instant land on the ground of donation (hereinafter “the second registration of ownership transfer”) on the ground of donation in the Plaintiff’s future.

C. On December 11, 2013, the Plaintiff lent KRW 3 million to the Defendant.

2. As to the main claim

A. According to the above facts, the Defendant is obligated to pay the following interest to the Plaintiff. ① The Defendant is obligated to pay the interest or delay damages calculated at the rate of 18% per annum from March 27, 2006 to the date of full payment, which is KRW 10 million, and the interest or delay damages calculated at the rate of 18% per annum from March 27, 2006 to the date of full payment. ② The Plaintiff asserts that the Plaintiff, calculated at the rate of 5% per annum from January 28, 2016 to August 18, 2016, which is the date of delivery of a copy of the complaint, under the Civil Act, and 15% per annum from the next day to the date of full payment, is entitled to the interest or delay damages calculated at the rate of 15% per annum from December 11, 2013 to the date of loan. However, there is no evidence to acknowledge that the above loan was due, other than the day of delivery of a copy of the complaint.

However, the defendant paid the above money from the plaintiff.

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