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Reasons
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(영문) 의정부지방법원고양지원 2015.12.04 2015가합1741
대여금 등
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1. Defendant B’s KRW 250,000,000 as well as 5% per annum from May 3, 2011 to September 4, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with Defendant B on April 1, 2009 with interest rate of KRW 100 million (payment on the last day of each month) and on March 31, 2010. The Plaintiff paid KRW 150 million on November 16 of the same year to Defendant B with interest rate of KRW 1% (payment on the last day of each month) and the due date of payment on November 15, 2009 (hereinafter referred to as “each of the instant loans”) and with each of the loans granted under each of the instant loans (hereinafter referred to as “each of the instant loans”).

B. As to the land of this case, the creditor and the mortgagee of the right to collateral security shall be the plaintiff, the debtor and the mortgagee of the right to collateral security shall be the defendant B, and the maximum debt amount shall be KRW 120 million shall be the maximum debt amount as of March 30, 2009, respectively, the contract to collateral security was signed on November 18, 2009, with the content that the creditor and the mortgagee of the right to collateral security shall be KRW 150 million, and each contract to collateral security shall be completed on November 18, 2009.

C. In addition to each of the instant loans, the Plaintiff transferred the account transfer to Defendant B on March 10, 2010, KRW 30 million.

Defendant B paid interest on each of the instant loans to the Plaintiff until April 5, 2010, respectively, and thereafter did not pay interest.

E. Defendant B: (a) on January 27, 201, KRW 20 million for the Plaintiff; and (b) on the same year

5.2. 30 million won was paid in total to KRW 50 million.

F. The Plaintiff filed a complaint against the Defendants on the charge of fraud on the ground that the Defendants acquired each of the instant loans from the Plaintiff and KRW 30 million on March 10, 2010. However, the prosecution ordered Defendant B to suspend indictment and to suspend a witness against Defendant C, and the prosecution dismissed the Plaintiff’s application for each of the respective dispositions by the prosecution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 8, 9, Eul evidence Nos. 2 and 7, the purport of the whole pleadings

2. The assertion of the parties;

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