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(영문) 광주지방법원 2016.11.25 2016가단500264
대여금
Text

1. From December 30, 2015 to March 10, 2016, Defendant A’s KRW 40,000 among the Plaintiff and KRW 40,000 among the Plaintiff.

Reasons

1. Basic facts

A. On December 4, 2012, the Plaintiff loaned KRW 40,000,00 to Defendant A. As of December 29, 2015, Defendant A delayed repayment of the principal and interest of loan, and the principal and interest of loan as of December 29, 2015 are KRW 40,990,621 (i.e., the agreement on KRW 40,000,000, the outstanding principal and interest of KRW 489,205, the overdue interest of KRW 501,416).

B. At the time of January 26, 2015, Defendant A donated each real estate (hereinafter “instant real estate”) indicated in the separate sheet, which is the only property list to Defendant B, as of January 26, 2015 (hereinafter “instant donation agreement”); and on January 27, 2015, Defendant A completed the registration of ownership transfer in the name of Defendant B, which was based on the gift made on January 26, 2015.

C. The Defendants were legally married couple who completed the marriage report on November 24, 1988. The Gwangju Family Court confirmed the intention of divorce by 2015No.530 and completed the divorce report on March 27, 2015. At present, Defendant B is residing together with his children in the instant real estate.

At the time of the donation contract of this case, Defendant A had a large number of debts in addition to the loans to the Plaintiff. On the contrary, Defendant A was the sole property of the instant real estate as active property.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including each number in the case of additional number)

2. According to the facts of recognition as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff the Plaintiff the sum of the principal and interest of KRW 40,990,621 as well as the principal of KRW 40,00,000,00, which is the following day of the above basic date from December 30, 2015 to March 10, 2016, which is the delivery date of a duplicate of the complaint of this case, 14.16% per annum, the agreed delay interest rate, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

3. Determination as to the claim against the defendant B

A. The plaintiff 1's assertion of the parties is the only part of the defendant A in excess of his obligation.

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