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(영문) 부산지방법원 2018.06.14 2017가단321162
대여금
Text

The defendant shall pay 136,00,000 won to the plaintiff and 5% per annum from May 12, 2017 to July 24, 2017 and the next day.

Reasons

Basic Facts

On December 12, 1995, the Plaintiff completed the registration of establishment of a mortgage on each real estate listed in the separate sheet owned by the Defendant, the maximum debt amount of which is KRW 100,000,000, and the debtor’s neighboring lease of money several times.

(2) The Defendant deposited KRW 300,000,000 to the Plaintiff each time between June 4, 1997 and August 12, 1999 at KRW 5,50,00,000, respectively. The Defendant deposited KRW 1,000,000 each time from January 26, 200 to July 25, 2007. The Defendant deposited KRW 85,00,000 each time from January 26, 200 to July 25, 2007. The Defendant deposited KRW 50,000,000 on August 24, 2007, and KRW 30,000 on March 18, 2008.

(hereinafter “instant amount”). On May 12, 2017, the Plaintiff sent the Defendant with a certificate of content demanding the payment of principal and interest (hereinafter “instant maximum date”), and filed the instant lawsuit on June 27, 2017, within six months thereafter.

[Grounds for recognition] Facts without dispute, Gap 1, 4, Eul 1 (including a provisional parcel number if there are several numbers; hereinafter the same shall apply), and the plaintiff's assertion of the purport of the whole pleadings has lent KRW 155,000,000 to the defendant several times in 195, and thereafter has received interest of KRW 1,00,000 per month as cash and the amount of this case.

Therefore, the defendant should pay the principal and interest accrued until May 2017 to the plaintiff.

The Defendant borrowed money from the Plaintiff several occasions as a director of the Defendant Co., Ltd. on December 12, 1995, and set up the instant collateral security for KRW 100,00,000 in the balance of obligations up until December 12, 1995. Since the Defendant agreed to repay the principal in installments in consideration of the Defendant’s circumstances, the Defendant paid KRW 89,30,000 in total as the amount of the instant deposit, the remaining obligations are merely KRW 10,700,000 in total.

In addition, the money borrowed from the plaintiff was borrowed from the business fund, and the plaintiff was also aware of such circumstances, so it was five years from March 2008, the final payment date.

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