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(영문) 대전지방법원서산지원 2016.08.10 2015가단10365
대여금 등
Text

1. The defendant shall pay 5,00,000 won to the plaintiff and 25% per annum from December 1, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff lent money to C several times from around 2011 to around 2014.

B. On September 25, 2014, C settled the debtor’s debt amounting to KRW 55 million between the Plaintiff and the Plaintiff. At the notary public D office of the Daejeon District Public Prosecutor’s Office, C, the defendant jointly and severally liable for the debtor, and the creditor as the Plaintiff, and “creditors shall set the due date of repayment of KRW 5 million on September 25, 2014 and the interest rate of KRW 25% per annum to the debtor, and the joint guarantor shall guarantee the debtor’s debt and agreed to jointly and severally with the debtor to pay the debt” (certificate 552, 2014; hereinafter “instant authentic deed”).

C. In addition, on November 11, 2014, the Defendant completed the registration of creation of a neighboring mortgage with respect to the Defendant, the mortgagee, the Plaintiff, and the maximum debt amount, at KRW 55 million.

On the other hand, C prepared on October 2, 2014 a letter of performance of the obligation with the following content to the Plaintiff.

The debtor C shall confirm the last loan.

1. Law Firm 10 million won, No. 548 of 2011;

2. Law Firm 18 million won, No. 525, 2013;

3. Certificate 2013, 23860,00 won;

4. A notary public, No. 71 of the deed 2014, 6 million won.

5. A notary public No. 482, No. 482, a total of KRW 64,80,000,000,000,000.

An amount of additional loan other than a notarial deed C is an additional amount separate from the notarial deed.

Finally, the time of confirmation is infinite.

1. 2 million won on June 14, 2014;

2. 2. 5 million won on June 18, 2014;

3. 1. 1.5 million won on July 11, 2014;

4. 1 million won on August 5, 2014;

5. 100,000 won on August 10, 2014

6. 20 million won on August 20, 2014;

7. 580,700 won on September 29, 2014

8. 1 million won on September 30, 2014;

9. Additional amount other than the original deed on August 26, 2014: the above amount was received in cash of KRW 21,080,700.

E. The Defendant and C are as follows to the Plaintiff on May 9, 2015.

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