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(영문) 서울중앙지방법원 2017.11.09 2016가단134783
대여금
Text

1. The defendant is within the scope of the property inherited from the deceased C, and 150,254,000 won and the above amount are 120.

Reasons

1. The facts below the facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 13 (including paper numbers; hereinafter the same shall apply). In full view of the results of the completion of expert evidence Nos. 1 to 4 and the whole purport of the pleadings, the authenticity of Gap evidence No. 1 to 4 can be acknowledged.

The defendant's reference C purchased the land of Seocho-gu Seoul Metropolitan Government F and G with the non-party E, and started the business of newly constructing the aggregate building on that ground.

In this process, C requested the Plaintiff to lend money to the Plaintiff as it is necessary to finance the purchase of the above land in the middle of October 2014.

B. On September 7, 2015, the Plaintiff agreed to grant a loan of KRW 80 million to C by setting the interest rate of KRW 2.4 million per month (the agreed interest rate of KRW 36% per annum) and the principal and interest payment date of September 7, 2016. In accordance with the agreement, the Plaintiff lent KRW 80 million to C pursuant to the said agreement.

hereinafter referred to as "the case"

9.7. (c) On September 30, 2015, the Plaintiff agreed to lend KRW 50 million per annum (24% per annum) between C and C on September 30, 2015; and on September 30, 2016, the principal and interest repayment date; and pursuant to the agreement, the Plaintiff lent KRW 50 million to C (hereinafter “instant case”).

9.30. Loan 30.

[Defendant] [This case]

9. In the case of loans 30. 30. The plaintiff asserts that the defendant cannot be deemed to have lent the loans to the non-party E.

In light of the aforementioned evidence, C and E jointly run H real estate brokerage offices from January 2014, and conducted the construction and sale of aggregate buildings on the land of the F and G land at the same time, including the construction and sale of aggregate buildings on the land of the G and G land, and C requested the Plaintiff to lend KRW 50 million as it is necessary to pay part payments of I and J land at the end of September 2015.

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