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(영문) 서울동부지방법원 2015.06.02 2013가합9596
양수금 등
Text

1. The Defendant’s KRW 419,600,000 as well as 5% per annum from July 23, 2013 to June 2, 2015 to the Plaintiff.

Reasons

1. The following facts are based on Gap evidence 1, 2, 4 through 12, 14, 15 through 23, evidence 1, 2, Eul evidence 24-24-A, Eul evidence 1, 2, 3, Eul evidence 1, 3, 4, and 5, as a result of an order issued by this court to submit tax information on the written book of Seodaemun, and as a result of an order issued by a witness to submit tax information on the written book of Seodaemun, it is evident that Eul's testimony and the whole purport of oral argument are either acknowledged or recorded.

On September 12, 2006, the Plaintiff leased 60,000,000 won to D on December 11, 2006, interest rate of 2.5%, and delay damages rate of 5.5%, and E guaranteed the above loan obligations of D at the time of the above lease. On September 11, 2006, the Plaintiff entered into a mortgage contract on 18 real estate including E and Goyang-gu, Seoyang-gu, Seoul, and completed the establishment of a mortgage on 76 square meters, and completed the establishment of a mortgage on 18 real estate thereafter. 2) around January 31, 2009, C extended 600,000 won, including the loan obligations of 60,000,000 won and interest rate of 20,000 won and interest rate of 300,000 won and interest rate of 205,000 won and interest rate of 300,000 won and 200,000.

B. The Plaintiff’s loan 1 of January 29, 2010 to C entered into a monetary loan agreement with the Plaintiff to lend KRW 850,000,000 to C on January 29, 2010 as the due date of payment on April 30, 2010 and interest on KRW 2.5% on April 30, 201, and on the same day at KRW 850,000,000 for existing loans, etc. ( KRW 600,000,000 for loans to D on September 12, 2006) ( KRW 250,000,000 for loans to C on October 6, 2009 and KRW 850,000 for new loans, etc. at KRW 80,500,000 (hereinafter “this case’s loan”).

(i) 191,250,000 won (=850,000,000) x 2.5% x 9 months x 658,750,000 won (i.e., 850,000) x 658,750,000 won (i.e., 9 months) paid to C

E and D shall be subject to the Plaintiff at the time of entering into the said monetary loan agreement.

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