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(영문) 제주지방법원 2017.01.20 2015가단56467
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 114,00,000 and KRW 10,000 among them, from April 8, 2009, and KRW 104,000.

Reasons

1. Basic facts

A. The creditor of Defendant B, as the Jeju District Court F, applied for a compulsory auction of real estate on G farm site of 28,103 square meters (hereinafter “instant land”) in Jeju-si owned by Defendant B (hereinafter “instant land”). The Jeju District Court decided to commence the auction of the instant land on April 2, 2008.

(hereinafter referred to as “first auction case”). (b)

The Korean Bank, a creditor of Defendant B, applied for an auction of real estate on the instant land to the Jeju District Court H. On June 4, 2008, the Jeju District Court decided to commence the auction on the instant land.

Other creditors I applied for a voluntary auction of real estate concerning the instant land to Jeju District Court J, and received a decision to commence auction on June 4, 2008 from Jeju District Court.

(hereinafter referred to as "second auction case" in total).

Plaintiff, K, L, and M contributed each KRW 10 million upon Defendant B’s request on April 2009. On April 8, 2009, the Plaintiff, K, L, and M repaid each KRW 40 million in subrogation of Defendant B, and E withdrawn the first auction case on April 9, 2009.

On November 16, 2009, the Plaintiff paid 103,149,100 won as the deposit for purchase from the third auction date of the second auction case held at the Jeju District Court on 10:00 on November 16, 2009, and applied for the purchase of the instant real estate (the bid price: 1.45 billion won) and became the highest bidder.

E. Meanwhile, on November 16, 2009, the Plaintiff and the Defendants made a loan certificate (a certificate No. 1; hereinafter “the loan certificate of this case”) with the following contents as joint and several suretys of Defendant C and D (Defendant B’s children) as follows.

Loan amounts: 114,00,000 above amounts shall be the principal on April 8, 2009 and the interest amount of KRW 104,000,000 as the principal on auction on November 16, 2009 shall be 2% per month and the date of payment shall be the end on May 16, 2010.

Provided, That the interest shall be 2.5% per month if it is impossible to pay such interest.

F. The plaintiff 2.

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