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(영문) 창원지방법원 2016.10.27 2016가단12000
대여금
Text

1. As to the Plaintiff, Defendant C’s KRW 48,33,33 and KRW 33,33 among them, the period from April 25, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On April 25, 2014, the Plaintiff agreed to lend KRW 100 million to D, E, and Defendant C, within three months, to pay the principal amount of KRW 100 million and KRW 75 million, and upon the lapse of three months, to pay interest at 36% per annum on the total amount of principal and investment profits.

(hereinafter referred to as the “First Agreement”). Under the agreement, the Plaintiff transferred KRW 100 million to the account of Defendant B with the wife on the same day.

B. The Plaintiff agreed to lend KRW 30 million to D and Defendant C on June 11, 2014, and the interest amount shall be KRW 10 million, and the principal and interest amount shall be paid simultaneously with the bank loan after the completion of civil engineering works.

(hereinafter referred to as the “One Agreement”). In accordance with the Agreement, the Plaintiff transferred KRW 100 million to the Defendant B’s account on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion transferred KRW 130 million to the account of Defendant B’s financial institution, the wife of D, and Defendant B created a collateral on his own property to secure the obligation of KRW 100 million.

Therefore, Defendant B is jointly and severally obligated to repay the loan obligations under the 1 and 2 arrangement with Defendant D, E, and Defendant C.

B. The Plaintiff transferred the sum of KRW 130 million to the accounts of financial institutions in the wife B of D twice, as seen earlier, and according to the purport of the entire pleadings, Defendant B established a collateral security right as to No. 104-dong 101 on April 25, 2014 in order to secure the obligation under the first agreement, but revoked the registration of the establishment of a collateral security right on August 6, 2015.

However, the above facts alone are insufficient to recognize that Defendant B bears the obligation of loans under the 1 and 2 agreements, and there is no other evidence to prove otherwise.

Rather, Defendant B is the obligation of Plaintiff D under the Agreement.

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