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(영문) 창원지방법원마산지원 2014.07.04 2013가합2740
대여금
Text

1. As to KRW 375,00,000 among the Plaintiff and KRW 150,000,000 among them, the Defendant shall annually year from November 27, 2013 to July 4, 2014.

Reasons

1. Facts of recognition;

A. On April 201, the Plaintiff decided to participate in the “D Museum” project located in Seopo-si, Seopo-do operated by the Defendant, and contributed KRW 216,00,000 to the Defendant. Of which, KRW 21,00,000 was paid as share price and received 7% shares (2,100 shares) from the Defendant. The remainder of KRW 195,000,000 was to be returned to the Defendant’s account and disposed of as a provisional deposit in the Defendant’s account.

B. From May 23, 2012 to August 2, 2012, the Plaintiff paid a total of KRW 27,000,000 to the Defendant, and KRW 33,00,000,000, including KRW 6,000 on August 9, 2013.

C. On June 27, 2012, E, which is the Plaintiff’s fraudulent act, was determined and lent to the Defendant 120,000,000 interest per month and on December 31, 2012.

The defendant did not repay the above loan to E by the due date, and paid 4,800,000 won with interest on November 26, 2013, and did not pay more delay damages.

On September 4, 2013, the Defendant prepared a loan certificate stating that “The Plaintiff will pay KRW 180,000,000 to the Plaintiff at interest rate of 1% per month” (hereinafter “the loan certificate in this case”) with additional money borrowed from the Plaintiff and paid the Plaintiff by September 13, 2014.

In addition, on the same day, Jeju-si F, the Defendant-owned, concluded a mortgage-backed contract that constitutes a maximum debt amount of 350,000,000 with respect to nine real estates, including the maximum debt amount of 350,000,000.

Accordingly, on September 7, 2013, the Plaintiff lent KRW 30,000,00 to the Defendant.

E. The Defendant had experienced financial difficulties and failed to continue the above museum’s business due to the bankruptcy, and on February 27, 2014, the Defendant rendered a decision to commence the discretionary auction procedure upon the request of the Jeju Bank on five lots, including G, and its ground buildings, etc., including Jeju-si, Jeju-si, which is the relevant site.

F. E is the Plaintiff on May 7, 2014, with loans of KRW 120,000,000 and interest and delay damages thereon, which the Plaintiff held against the Defendant under a loan agreement dated June 27, 2012.

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