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(영문) 서울중앙지방법원 2019.10.17 2018가단5124266
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,302,173 and the interest rate of KRW 8.5% per annum from January 15, 2016 to the date of full payment.

Reasons

1. Basic facts

A. New construction of multi-household housing and registration for the preservation of the Plaintiff’s name 1) Seocho-gu Seoul Metropolitan Government C large 161.5 square meters (hereinafter “instant site”).

In order to construct a new multi-household house in Korea, the Plaintiff’s son and E (D’s wife and the Plaintiff’s son) are the Plaintiff.

() On September 4, 2014, F purchased the instant site and ground housing in the name of KRW 1.3 billion, and the down payment of KRW 130 million on the date of the contract; the intermediate payment of KRW 30 million on October 6, 2014; and the intermediate payment of KRW 870 million on October 31, 2014; and A paid KRW 130 million on the same day the down payment of KRW 130 million to F; 2) thereafter, a real estate sales contract was prepared to pay KRW 870 million on October 31, 2014.

D, around October 2014, requested that the defendant will be 10% of his income after selling the above multi-household house, and that he will become the purchaser of the above sales contract instead of himself and E.

On October 5, 2014, the Defendant accepted the proposal of D, and entered into a real estate sales contract with F and F to change only the name of the buyer of the above sales contract to the Defendant, and the sales contract for the instant site was also drafted again.

3) On October 5, 2014, the Plaintiff and the Defendant: (a) around October 5, 2014, determined that the Defendant borrowed KRW 130 million from the Plaintiff at the interest rate of KRW 8.5% per annum; and (b) that the maturity was “the time of completion loan for multi-household houses”; and (c) written a monetary loan certificate with the purport that the principal and interest will be repaid at the maturity date; (d) the Plaintiff, around October 5, 2014, lent to D at the interest rate of KRW 250 million per annum, 8.5% per annum; and (e) the maturity period was determined as “the time of completion loan for multi-household houses”; and (e) the Defendant guaranteed D’s debt.

On October 6, 2014, the Plaintiff remitted KRW 250 million to D’s account.

5 With respect to the instant site, on October 31, 2014, the registration of ownership transfer was made under the name of the Defendant, and on the instant site on July 13, 2015.

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