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(영문) 서울북부지방법원 2017.07.18 2017가단5973
대여금
Text

1. The defendants shall jointly and severally pay 80,000,000 won to the plaintiff and 24% per annum from September 2, 1998 to the day of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, the defendants may recognize the fact that they borrowed KRW 80,00,000 from the plaintiff on June 2, 1998 at the interest rate of 24% per annum. Since the plaintiff is a person who has received interest for three months, the defendants shall be jointly and severally liable to pay to the plaintiff the amount of KRW 80,000,000 and the amount of interest calculated at the rate of 24% per annum from September 2, 1998 to the date of full payment.

2. The Defendants asserted that around November 2007, Defendant B agreed to pay in kind the land owned by Defendant B, the mother of Defendant B.

According to the statement No. 3, Defendant B’s mother, the Plaintiff, on December 17, 2007, with respect to the size of 783 square meters in Pyeongtaek-gun, Gyeonggi-gun, Gyeonggi-do, the Gyeonggi-do, the Plaintiff, and the right to claim transfer of ownership on December 10, 2007, can be recognized as having completed the provisional registration on the ground of trade reservation on December 10, 2007. However, the Plaintiff asserted that the provisional registration was made for the purpose of payment guarantee, and as D entered in the provisional registration on December 5, 2006, the amount is less than the amount of the claim when the transfer registration is completed on December 5, 2006, in light of the fact that the provisional registration on the right to claim transfer of ownership is insufficient to recognize as having been based on the payment guarantee agreement, and

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

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