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Reasons
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(영문) 서울중앙지방법원 2013.10.25 2012가합108417
대여금 등
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1. Defendant A shall pay to the Plaintiff KRW 4,624,166,964 and KRW 4,393,209,340, among the costs, from September 22, 2012.

Reasons

1. Basic facts

A. Loan contract 1 entered into between the Plaintiff and Defendant A and the Plaintiff on August 27, 2007: (a) 0.34% of the fixed loan interest rate; (b) 17% per annum (less than three months) or 19% per annum (not less than three months); (c) February 27, 2008 (4 billion won; and (d) August 27, 2008 through August 27, 2012 annually.

8. 27. (Each KRW 800 million) The content of the contract was modified as follows: (a) the maximum interest rate for delay was 17%; (b) the 800 million won in February 27, 2008; and (c) the 4 billion won in August 27, 2012, respectively.

In order to secure the loan of KRW 8 billion (hereinafter in this case), a pledge was established on the aggregate of 2,286,000 shares of Solomon Mutual Savings Bank (hereinafter in Solomon Mutual Savings Bank) owned by Defendant A.

2) Defendant A repaid only a part of the instant loans until August 27, 2012, which was the last due date for payment (hereinafter “Defendant A”) and Defendant A performed a pledge on the said shares on July 23, 2012.

(2) As of September 21, 2012, the remaining amount of credit of the Plaintiff as of September 21, 2012 is KRW 4,624,166,964 (i.e., principal amount of KRW 4,393,209,340). (ii) The Defendants entered into a gift agreement with the Defendants (i) share 1/2 shares in the attached list from March 31, 2004, the Defendants shared the real estate indicated in the attached list from March 31, 2004, and Defendant A donated the ownership of KRW 1/2 shares (hereinafter the instant real estate) owned by the Defendant, who is the wife, to the Defendant B (hereinafter the instant gift agreement), and the transfer registration for the instant real estate was completed on March 14, 2012 by the Seoul Central District Court’s registration office as of March 14, 2012.

C. The real estate indicated in the attached list No. 2,196,00,000 won in the attached list No. 2,196,000 won for the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage 3,00,000 won for 1,000,000 won for 1,000,000 won for 3

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