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(영문) 수원지방법원성남지원 2016.11.16 2016가합203519
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 1,00,000,000 on the Plaintiff and as a result, from January 11, 2016 to July 11, 2016.

Reasons

1. Facts of recognition;

A. On August 21, 2007, the Plaintiff lent KRW 200 million to Defendant B at an interest rate of 1% per month, but on August 18, 2009, only paid KRW 200 million as principal from Defendant B, but the agreement was not made during that period. On November 26, 2007, the Plaintiff extended additional KRW 400 million to Defendant B at an interest rate of 1% per month; on September 17, 2009, the Plaintiff loaned KRW 100 million from Defendant B at an interest rate of KRW 10 million; on May 25, 2010, KRW 300,000,000 as principal and interest rate of KRW 20,000,000,000 as principal and interest rate of KRW 300,000 for that period; and on June 28, 2010, Defendant B did not receive KRW 100,000 for that period.

B. On March 19, 2012, the Plaintiff loaned KRW 300 million to Defendant C, who is the spouse of Defendant B, at the rate of 1% per month, in total, the sum of KRW 100 million per each of the said loans, and KRW 300 million per month. On April 25, 2012, the Plaintiff additionally lent KRW 300 million to Defendant C at the rate of 1% per month. The agreed interest was paid from Defendant C until July 2014.

C. On February 22, 2012, Defendant C completed the registration of the establishment of a mortgage on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Suwon District Court’s Sung-nam Branch’s Office received as the joint collateral (10,483,775,262 won, the obligor D Co., Ltd, and Defendant C as the mortgagee of the mortgage (hereinafter “the registration of the establishment of a mortgage of this case”) on the ground of the contract concluded on February 2012, 2012.

On January 11, 2016, the Plaintiff between the Defendants and the Defendants.

subsection (b) and above;

The Defendants jointly and severally agreed to pay to the Plaintiff the agreed interest or delay damages at the rate of KRW 1 billion and KRW 9.6% per annum from January 11, 2016 to the date of full payment. The Plaintiff became final and conclusive against Defendant C’s D Co., Ltd as security for the agreed amount.

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