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(영문) 창원지방법원 2012.08.29 2011나1006
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged in full view of each of the statements in Gap evidence Nos. 1 to 6, Gap evidence No. 11 to 13, Eul evidence No. 1 to 7, Eul evidence No. 8-1, 2, and Eul evidence No. 17.

1) On September 21, 2007, the Plaintiff made an agreement with the Defendant to lend KRW 410,00,000 to the following month by making interest rates at a fluctuation rate under Article 3(2)2 of the Framework Act on Credit Union Credit Union Credit Union Credit Transaction and Credit Union (hereinafter “instant loan agreement”) as of October 2, 2007; and on October 2, 2012 as of October 2, 2012, on the following month, on the condition that when the payment of interest has been delayed for one month and has lost the benefit due to delay, the Plaintiff shall pay for the delayed payment of interest at 22% per annum (hereinafter “instant loan agreement”).

(2) On October 2, 2007, the Defendant concluded a registration of the establishment of a neighboring mortgage with respect to the C building 108 units of the building in Kimhae-si B (hereinafter “instant building”) owned by the Defendant on October 2, 2007 as security for the said loan, and completed the registration of the establishment of a mortgage to the Plaintiff as the maximum debt amount of KRW 574,000,000, the obligor, and the Plaintiff as the mortgagee.

3) On October 2, 2007, the Defendant signed and sealed 410,000,000 won from the Plaintiff’s account to the Defendant’s account, each of which was loaned from the Defendant’s account. 4) around the time of lending to the Defendant, E, I, etc., while granting a loan to the Defendant in the same manner, the Plaintiff paid KRW 1,80,000,000, including the loans of KRW 410,000 to the Defendant. The Plaintiff paid KRW 1,880,000,000 to E, pursuant to the Plaintiff’s restriction on remittance limit (1,00,000,000,000 won per day) to the account under the name of E bank, and transferred the remainder to the account under the name of 80,000,000 won to the remainder,80,000 won, and deposited at the same account with the Plaintiff’s account.

5 The Defendant delayed the payment of interest under the instant loan agreement from March 14, 2009.

In this case.

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