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(영문) 서울동부지방법원 2018.06.07 2017가합108378
대여금
Text

1. As to KRW 345,300,000 among the Plaintiff and KRW 300,000,000, the Defendant shall pay to the Plaintiff KRW 45,30,000 from August 24, 2017.

Reasons

1. Basic facts

A. A. Around June 19, 2015, the Plaintiff entered into the following agreements with D who operated C, a corporation: (a) KRW 3750,000,000 per month of interest; and (b) June 18, 2018; and (c) lent the loan to D, a corporation:

2. The debt period shall be from June 19, 2015 to June 18, 2018, and the principal may be repaid at any time within three years;

3. In preparation for the time when repayment of principal and interest will not be made until June 18, 2018, the debtor shall set up a collateral security at the second and second market price as of June 19, 2018.

In addition, the debtor should deliver the mortgaged vehicle to be sold, and actively cooperate in the legal procedures following the sale of the vehicle.

4.The obligee shall create a collateral security by the time the principal is paid only for the vehicle belonging to C equivalent to KRW 310,000,000 (310,000), and at the time of sale of the first collateral security vehicle within three years, a collateral security shall be created in substitution for the new vehicle and the middleest vehicle.

B. On June 19, 2015, the Plaintiff paid 300 million won to D. D, and D set up a collateral security worth of KRW 310 million in total with respect to the 11st vehicle of C Co., Ltd.

C. Around April 2016, D entered into an agreement with the Plaintiff with a view to selling the said C vehicle and purchasing a new vehicle in the name of the Defendant, and the Plaintiff cancelled the right to collateral security in accordance with the said agreement.

The terms and conditions of the agreement between the plaintiff (the plaintiff) and the debtor (D): On June 18, 2018, in preparation for the time when repayment of principal and interest would not become possible, the debtor shall enter into an agreement as follows, based on the content that the collateral security is created at the middle and high market price as of June 19, 2018:

1. The debtor shall take measures to cancel the collateral security on April 22, 2016, if he/she has requested a creditor to cancel the collateral security on the vehicle (the particulars of the mortgaged vehicle) before he/she pays the amount of credit in full (the purchase of new vehicles after the sale of the present collateral security vehicle);

2. By September 21, 2016, a new collateral security shall be created on the basis of the provisions of paragraph 4 of the Agreement.

On the other hand, the defendant was established around May 2, 2016, and the plaintiff.

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