(영문) 의정부지방법원 2016.06.03 2015가단102941

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(영문) 의정부지방법원 2016.06.03 2015가단102941

대여금

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1. Defendant B shall pay 100,000,000 won to the Plaintiff and 15% per annum from March 5, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The same year as of August 20, 2009 and August 25, 2009 with respect to D, Chuncheon, which was owned by Defendant C (hereinafter “instant real estate”).

8. The establishment registration of a mortgage was completed on the ground of the contract on the 20th day of the establishment of a mortgage in the name of Defendant B, the father of Defendant B, each of the maximum debt amount of KRW 150 million.

B. The Plaintiff, upon introduction of Defendant C’s wife, transferred the person sent on November 30, 2009 to Defendant C, and the recipient to E transferred KRW 100 million to E’s account.

C. On March 8, 2010, on the instant real estate, the registration of transfer of ownership in the name of E was completed on the grounds of sale with the transaction value of KRW 200 million.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. The parties' assertion

A. After the Plaintiff’s assertion transferred KRW 100 million to Defendant C in the name of Defendant C, Defendant C agreed to pay the above KRW 100 million to the Plaintiff on June 19, 2012, and Defendant B guaranteed payment of the above KRW 100 million on December 29, 201, the Defendants are jointly and severally liable to pay the above KRW 100 million and the delay damages.

B. (1) The Defendants’ assertion (1) lent the instant real estate to Defendant C as collateral and set up a collateral on the instant real estate on November 30, 2009, on behalf of Defendant C, who is the father of Defendant B’s assertion. On November 30, 2009, KRW 100 million transferred by the Plaintiff under the name of Defendant C, out of the loan, was repaid by Defendant C, and the Plaintiff did not guarantee the payment of KRW 100 million.

(2) On August 20, 2009, Defendant C’s assertion that the instant real estate was sold in KRW 200 million to Defendant B, who represented the instant real estate, and upon Defendant B’s request, set up a collateral security right to the instant real estate that prevents Defendant B from disposing of the instant real estate during the resale to a third party.

When the Plaintiff remitted KRW 100 million to Defendant B, it is not related to Defendant C, and the Plaintiff is KRW 100 million.

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