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(영문) 서울북부지방법원 2015.09.23 2015가합278
대여금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 20% per annum from December 12, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 29, 2009, the Plaintiff lent KRW 350 million to C, who is the Defendant’s wife, to the Defendant’s wife. On September 30, 2009, on September 30, 2009, the Plaintiff completed the registration of establishment of a collateral security with respect to the maximum debt amount of KRW 525 million with respect to the Gyeonggi-si, Gyeonggi-do, and the land other than 13 parcels owned by C, and the mortgagee as the Plaintiff.

B. On October 6, 2009, C prepared a loan certificate with a view to borrowing KRW 525 million from the Plaintiff at the interest rate of 2% per month, and on December 6, 2009, the due date of repayment of which is set at the rate of 20 million. The Defendant and C written or issued a receipt of KRW 350 million in the joint name of the same day and a promissory note payable at sight of KRW 525 million in the face value, and each of them was delivered to the Plaintiff.

C. On November 10, 201, the Plaintiff completed the provisional attachment execution with respect to Dobong-gu Seoul Metropolitan Government E and F ground G apartment 605 Dong 103, which is owned by the Defendant, and the Defendant, on December 30, 2011, drafted on October 27, 2011, a notarial deed as to promissory notes with respect to which the issuer was the Defendant.

[Basis] Facts without dispute, Gap evidence Nos. 1, 3, Gap evidence Nos. 2 and 5-1, 2, Gap evidence No. 4-1, 2, 3, Gap evidence No. 6-1 to 14, Eul evidence No. 1, and the purport of the whole pleadings

2. The Defendant and C agreed to jointly borrow KRW 350 million from the Plaintiff and jointly repay them.

Although the defendant is disputed to the purport that the plaintiff is entitled to preferential repayment by exercising the right to collateral security on each of the above lands owned by C, the defendant and C jointly bear the obligation to repay the above loan to the plaintiff, so there is no right to defense of the highest search recognized as the guarantor. Therefore, the above argument by the defendant is without merit.

The defendant, as part of the above loan borrowed money, sought by the plaintiff as the plaintiff's 300 million won and its repayment period, at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 12, 2014 to the day of full payment, which is obviously after the service date of the original copy of the payment order in this case.

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