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(영문) 대구지방법원서부지원 2020.09.09 2019가단68647
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 42,088,481 and the interest rate of KRW 12% per annum from August 30, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 29, 2010, the Plaintiff lent money to Defendant B over several times, including lending KRW 30 million to Defendant B.

On July 30, 2014, the Plaintiff completed the registration of the establishment of a mortgage over KRW 90 million with respect to the Seo-gu D apartment E (hereinafter “instant apartment”) owned by Defendant B for the security of the loan claim.

B. On May 20, 2016, the Plaintiff and Defendant B settled the debt amount of KRW 120 million, including the money borrowed by the said Defendant, interest thereon, office rent, etc., and the said Defendant agreed to pay the debt amount of KRW 120 million until July 31, 2016, and written a loan certificate (hereinafter “the instant loan certificate”) with the effect that the said Defendant shall pay KRW 120,000,000 per month from June 1, 2016.

C. On May 24, 2016, Defendant B: (a) acknowledged the Plaintiff’s obligation to repay the loan amounting to KRW 40 million (11% per annum; and (b) promised to repay the loan amount (hereinafter “notarial deed of this case”) and issued it to the Plaintiff.

C. On May 24, 2016, the Plaintiff completed the registration of the establishment of a mortgage over KRW 40 million with respect to the instant apartment on the grounds of a contract establishing a right to collateral security on May 20, 2016.

The apartment of this case was sold at a voluntary auction on May 26, 2017, and the Plaintiff received dividends of KRW 90 million out of the above proceeds as a mortgagee on July 6, 2017. On August 29, 2017, the Plaintiff received additional dividends of KRW 4,545,258 out of the surplus as a collection right holder.

【Unsatisfied Facts, Gap's evidence Nos. 1, 3, 4, 7, Eul's evidence Nos. 3 and 8, the purport of the whole pleadings

2. Determination as to the defendants' claims for loans, etc.

A. The summary of the Plaintiff’s assertion is that Defendant B bears 160 million won in total of the obligations, such as the instant loan certificate and the loan based on the authentic deed, against the Plaintiff, and Defendant C bears her.

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