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(영문) 부산지방법원동부지원 2016.11.24 2016가단12542
대여금
Text

1. Defendant B’s KRW 23,495,823 as well as 5% per annum from July 26, 2016 to November 24, 2016 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Defendant B borrowed KRW 40,000,000 from the Plaintiff, and repaid KRW 5,000,000 among them, Defendant C provided real estate as security for the above loan obligation.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 35,00,000 won and interest for delay from the day after the delivery of the copy of the complaint of this case to the day of full payment.

B. 1) In full view of the overall purport of the pleadings in the statement Nos. 1 through 4 against Defendant B, Defendant B borrowed KRW 30,000,000 from the Plaintiff on June 3, 2014 as of September 3, 2014. Defendant C borrowed the amount of KRW 30,000 from the Plaintiff as of September 3, 2014. Defendant C secured by the foregoing borrowed amount as the security for the obligation to borrow money.

(1) On June 14, 2014, Defendant B: (a) additionally borrowed KRW 10,00,000 from the Plaintiff; (b) and Defendant B deposited KRW 5,00,000 in the Plaintiff on June 16, 2014; (c) thereafter, the Plaintiff deposited KRW 5,00,000 in the future; and (d) on August 31, 2016, the Plaintiff received KRW 6,504,177 in the course of the voluntary auction on mortgaged real estate as dividends. Meanwhile, the aforementioned amount of KRW 5,00,000 and KRW 6,504,177 as well as annual dividends from the date following the said amount of KRW 5,00,00 and KRW 10,50,000 as well as KRW 6,50,000,000 as well as KRW 205,00,000,000 per annum of the principal of the loan; and (c) there is no dispute between the parties.

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