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(영문) 청주지방법원 2019.04.11 2018가합3363
대여금
Text

1. The defendant shall be the plaintiff.

A. From June 12, 2018 to April 11, 2019, KRW 102,171,859 and KRW 102,171,859 among them.

Reasons

Basic Facts

The Plaintiff loaned KRW 17,00,000 to the Defendant on July 24, 2009 and interest rate of KRW 250,000 per month on and around April 24, 2009; and on April 22, 2009, remitted KRW 4,000,000 each on April 13, 200 (hereinafter “instant first obligation”); and on April 24, 2009, the Defendant borrowed money under the above conditions (Evidence 2-1) to the Plaintiff on April 24, 2009.

The plaintiff transferred KRW 15,00,000 to the defendant on September 17, 2009, and the defendant borrowed the above KRW 15,000,000 on November 7, 2009.

(hereinafter referred to as "second debt of this case") provided a loan certificate (No agreement between the time of performance and the interest) (No agreement).

As above, the Plaintiff, including the money remitted to the Defendant, remitted to the Defendant a total of KRW 271,200,000 on 43 occasions from April 22, 2009 to June 10, 2013, and the Defendant, on September 20, 2017, issued to the Plaintiff a loan certificate of KRW 239,20,000 (Evidence A 2-3) for the sum of the amount borrowed from September 9, 2010 to June 10, 2013. The main contents are as follows.

(2) The repayment date from September 9, 2010 to June 10, 2013 shall be set as KRW 1,50,000 per month and interest rate shall be KRW 1,50,000 per month.

On September 20, 2017, Defendant Added (1) paid KRW 100,000,000 on a preferential basis by no later than two months before the date of Plaintiff Marriage among the borrowed amounts.

(2) The remainder shall be repaid by September 20, 2020.

(b) The amount of Busan Gangseo-gu is 100,000,000 for Busan Gangseo-gu.

4. It will be set up as the second right to collateral security against the D Building E and F in Busan Shipping Daegu.

(5) The creation of a collateral security shall be made at the end of November 10, 2017.

Meanwhile, the sum transferred by the Defendant to the Plaintiff between January 11, 2016 and June 7, 2018 is KRW 49,200,00 as the sum in the following table.

Date (cost) 2016-01-11,200,000 2017-07-07-03 200,000

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