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(영문) 대전지방법원천안지원 2019.04.12 2018가합101997
대여금
Text

1. The Defendant’s KRW 297,945,205 as well as the Plaintiff’s annual 5% from May 29, 2018 to April 12, 2019, and the following.

Reasons

1. Facts of recognition;

A. On August 22, 2017, the Plaintiff lent KRW 250,000 to the Defendant (hereinafter “instant loan”), and the Defendant prepared and ordered the following loan certificates:

(hereinafter “the loan certificate of this case”). In borrowing the above amount (2.50 million won) from the Plaintiff as of August 21, 2017, the borrower obtained the C Development Permission and repaid the business site by means of a security loan with the financial right.

Provided, That when repayment is made, 350,000 won including principal and interest shall be repaid.

The address of the business site: D in the official city: Provided, That if the repayment date exceeds three months from the date of the loan, it shall be set at two times.

B. On September 18, 2017, the Cheongnam Do governor approved the E Development Plan and announced it.

[Reasons for Recognition] Evidence Nos. 2, 3, 4, Eul No. 1, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff and the Defendant determined the period of repayment of the instant loan claim as “when the development permit was obtained” or “after three months from the date of loan” and the period of repayment arrived.

Even if the repayment of the loan of this case was not due, the defendant had set up and set up a collateral security on the business site in case the repayment of the loan of this case exceeds three months from the date of the loan, but did not perform it. However, the benefit of time was lost pursuant to Article 388 subparagraph 2 of the Civil Code.

B. The maturity of the instant loan claim is “the time when the Defendant obtained a development permit and received a secured loan on the financial right to finance,” and the maturity of the instant loan claim has not yet arrived.

The Plaintiff did not request the Defendant to establish a right to collateral security on the business site, and the real estate owned by the Defendant was provisionally seized, and thus, the Plaintiff had already secured the instant loan claim and did not lose the benefit of time.

3. Determination

A. The terms and conditions of the instant loan are written between one of the parties to the contract as to whether the agreed terms and conditions have arrived.

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