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(영문) 울산지방법원 2014.10.15 2013가합6991
대여금
Text

1. As to KRW 21,166,66 among the Plaintiff and KRW 200,00,000 among the Plaintiff, the Defendant shall: (a) from May 31, 2013 to October 15, 2014.

Reasons

1. Basic facts

A. On December 29, 2005, the Plaintiff in relation to money transaction between C and D deposited KRW 100 million into the agricultural cooperative account of C (former name: E) which is Sud Co., Ltd. on December 29, 2005, and C deposited the above KRW 100 million into the Defendant’s spouse’s account on December 30, 2005.

C and D have been engaged in monetary transactions since 2000. On December 31, 2005, D prepared and awarded to C a certificate of borrowing KRW 22 million with respect to the borrowed amount, and the defendant affixed his/her seal on the above borrowed amount as the surety.

B. On March 30, 2006, the Plaintiff deposited KRW 200 million with C’s account on the following day, and C deposited KRW 196.7 billion after deducting KRW 3.3 billion from the Defendant’s account on March 31, 2006 (hereinafter “instant loan”).

(2) On March 30, 2006, the Defendant, as a security for the above loan obligation, set up a mortgage on the real estate held by the Defendant in the Changwon District Court, Busan District Court No. 4057, Mar. 30, 2006, which was received on March 30, 2006, for the Plaintiff, the Plaintiff, the obligor, and the Defendant, and the maximum debt amount, 30 million won, establishing a mortgage for the said real estate. On March 18, 2008, for the said real estate to obtain an additional loan as security, the said mortgage establishment registration was cancelled on the ground of the termination of the mortgage as of March 18, 2008, and again, on the same day, on the said real estate as security for the above loan obligation, the registration of the establishment of a mortgage was completed as of March 18, 200

C. D and C’s interest payment (1) on the other hand, D deposited KRW 6 million in total with the agricultural bank passbook in the name of the Plaintiff, which was KRW 20 million on March 29, 2013, KRW 200,000,000 on April 30, 2013, and KRW 200,000 on May 28, 2013.

(2) B) From May 3, 2006 to May 28, 2013, the Plaintiff raised from the Plaintiff, and from the Defendant side, the interest amounting to KRW 100 million on December 30, 2005 and KRW 200 million on the instant loan to the Defendant, and KRW 300 million.

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