beta
Text
1. The Defendant’s KRW 75,00,000 and its related amount are 5% per annum from February 1, 2008 to January 25, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff issued to the Defendant a total of KRW 75 million, including KRW 25 million on August 10, 2005, KRW 5 million on September 21, 2007, and KRW 5 million on September 21, 2007.
B. On September 21, 2007, the Defendant prepared and delivered a cash custody certificate to the effect that the Plaintiff will repay KRW 75 million to the Plaintiff by the end of January 2008.
[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the above custody amount of KRW 75 million to the plaintiff, unless there are special circumstances.
3. Judgment on the defendant's assertion
A. 1) The Plaintiff’s assertion 1) The building of 280.8 square meters and its 2nd floor (hereinafter “instant real estate”) located in Gwangju Northern-gu, Seoul, where the Defendant’s model C, who is the Plaintiff’s Siberter and the Defendant’s model, is located.
(2) On January 1, 2005, upon the commencement of the voluntary auction by the Industrial Bank of Korea, the Defendant agreed to cancel the voluntary auction and provisional seizure and preserve the instant real estate in the name of the Plaintiff and his children on the condition that he repaid the loans of the Bank of Korea and E to the Credit Guarantee Fund after consultation with the Plaintiff, etc. on February 2, 2005. 2) Thereafter, the Defendant repaid the loans of the instant real estate as collateral and the loans of the Credit Guarantee Fund and the loans of the said 25 million won delivered from the Plaintiff, and cancelled the said voluntary auction. Accordingly, the Plaintiff completed the registration of transfer of ownership with respect to the instant real estate under the name of the Plaintiff and their children on condition that the Plaintiff repaid the loans of the instant real estate as collateral and the loans of the Credit Guarantee Fund, KRW 150 million,000,000,000,000,000 won.
3. Since then, the Plaintiff failed to pay interest on the Credit Guarantee Fund among the above collateral loans, upon filing an application for voluntary auction on August 8, 2007 for the instant real estate by the Credit Guarantee Fund, the Defendant continued to reside in the said real estate.