(영문) 대구지방법원 2015.02.05 2014나7672 | 리걸엔진

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(영문) 대구지방법원 2015.02.05 2014나7672

대여금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above part is revoked.

Reasons

1. Basic facts

A. On August 7, 2003, the Defendant issued and delivered the following loan certificates (hereinafter “the first loan certificate”) to the Plaintiff, and the Plaintiff paid KRW 30 million to the Defendant around that time.

1.day: 30 million won shall be borrowed and agreed as follows:

2. Date of payment: Interest on October 3, 2003: 2% per month stated that the first loan certificate is “2%”.

4. Method of payment: to pay to the Plaintiff on the seventh day of each month.

5. When an obligor and a joint guarantor violate the provisions of this Agreement, ipso facto, lose the benefit of time and immediately pay all of the remaining debts, (a) the payment of interest is delayed once or more times in the following cases :

B. On August 10, 2003, the Defendant prepared and delivered the following loan certificates (hereinafter “the second loan certificates”) to the Plaintiff, and the Plaintiff delivered KRW 4 million to the Defendant around that time. The Plaintiff regularly borrowed the above amount of KRW 4 million per day (2% per month for interest). C. On August 10, 2003, the Defendant and C prepared and delivered to the Plaintiff the following loan certificates (hereinafter “third loan certificates”).

Since the above principal amount of KRW 30 million was clearly borrowed and received from Egypted from Egypted, it is promising to perform the obligation as follows. 1. The due date for repayment of principal is until September 30, 2003. 2% of the interest month.

3.The principal and interest shall be paid upon attending the obligee’s domicile. 4. There shall be no objection such as loss of the benefit of time and claim for the return of the principal and interest at once.

When a provisional seizure or compulsory execution has been effected due to other debts;

(b)when the payment of interest has been delayed;

D. On the other hand, on August 7, 2003, the defendant entered into a mortgage contract with the plaintiff as to No. 612, 1, 612, 2003.

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