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(영문) 서울중앙지방법원 2015.05.28 2014가단130527
대여금등
Text

1. The Defendant’s KRW 63,400,000 for the Plaintiff

A. As regards KRW 50,00,000 among them, from March 29, 2012 to June 27, 2014

Reasons

1. Loans and indemnity money;

A. The plaintiff (1) lent a total of KRW 390,400,000 to the defendant on March 25, 2004, including the transfer of KRW 10,000,00 to the defendant on September 13, 2005.

On March 25, 2004, when the defendant borrowed KRW 100,000,00 from C from C, the plaintiff provided officetels and apartment houses owned by the plaintiff as security, and created a collateral mortgage under C.

However, the Defendant did not pay KRW 50,000,000 out of the borrowed money to C, and the Plaintiff repaid KRW 50,000 to C on March 28, 2012, instead of paying KRW 50,000,000, and cancelled the registration of the establishment of the neighboring mortgage.

Therefore, the defendant bears the obligation to pay 390,400,000 won to the plaintiff, and 50,000,000 won.

(2) On March 25, 2004, Defendant 380,400,000 won, except for the remittance amounting to KRW 10,000,000,000, was lent from the Plaintiff. However, on March 25, 2004, KRW 10,000,000, which was remitted from March 25, 200, the Plaintiff and the Defendant secured Plaintiff’s real property to borrow KRW 50,00,000 each from C, and the Plaintiff received KRW 60,00,000 from C, and delivered KRW 10,00,000 to the Defendant. Thus, the Plaintiff did not lend to the Defendant, and the Plaintiff’s repayment of KRW 50,00,000,00, which was paid to C, is a discharge of its obligation.

B. (1) The fact that the Defendant borrowed the remainder of KRW 380,400,000 from the Plaintiff is not a dispute between the parties, except for the remainder of KRW 10,000,000 on March 25, 2004.

(2) The following facts can be acknowledged if Gap evidence Nos. 2 and 3-1 and 2-5 were collected from each entry of evidence Nos. 2 and 3-1 and 2-5.

- On March 25, 2004, the Plaintiff set up a right to collateral security with the Defendant as the obligor in relation to the 501 Seocho-gu Seoul Metropolitan Government Dtel Etel located in Seocho-gu and the G apartment located in Seocho-gu Seoul Metropolitan Government F apartment 119 Dong 413.

- The Plaintiff transferred KRW 10,000,000 to the Defendant on March 25, 2004.

- On March 25, 2004, the Defendant received KRW 40,000,00 under the H’s name, and thereafter paid interest of KRW 100,000 to C, I, etc., and paid it to C, etc.

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