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(영문) 대구지방법원서부지원 2015.12.10 2015가단3741
대여금
Text

1. The Defendant’s KRW 120,000,000 for the Plaintiff and 12% per annum from June 23, 2013 to July 8, 2015.

Reasons

1. On October 7, 2009, the Defendant borrowed KRW 300,000,000 from the Plaintiff, and then drawn up and delivered to the Plaintiff the loan certificate with the creditor, the loan amount of KRW 300,000,000, interest rate of KRW 2.5%, and the loan certificate with the blank for payment period of KRW 300,00 to the Plaintiff.

At the time, the right to collateral security was established with respect to the area of 2,443 square meters in Nam-gu, Nam-gu, the Defendant and the Plaintiff’s husband, D, the maximum debt amount of KRW 450,00,000, which is the Plaintiff. After the said right to collateral security was transferred to the Plaintiff on November 11, 201 of the same year, the right to collateral security was cancelled on January 28, 2010, and at the same time, the right to collateral security was established as KRW 150,000 with respect to the Defendant’s children E, the mortgagee, the Plaintiff, the maximum debt amount of KRW 150,000 with respect to the above building on the ground, and the right to collateral security was established with respect to the obligor E

The Plaintiff and the Defendant again determined the amount of debt as KRW 300,000,000 through the process of partial repayment of principal and interest on existing loans, lending of additional money, and reduction of partial debts. On November 15, 2012, the Defendant drafted and delivered to the Plaintiff a loan certificate with the Plaintiff’s creditor, loan amount of KRW 300,000,000, interest rate of KRW 1%, interest rate of KRW 1%, and the due date of repayment of November 30, 2013.

On June 14, 2013, the Defendant transferred the ownership of the building located in Nam-gu G, H, and I in the name of the Plaintiff’s her husband’s her husband’s her husband’s sonF.

On June 23, 2013, the Plaintiff and the Defendant followed the settlement of the Plaintiff’s additional loan to the Defendant and the Defendant’s partial repayment of the loan, etc., the Defendant, along with a certificate of personal seal impression, prepared and issued to the Plaintiff on June 23, 2013, the loan certificate with the Plaintiff’s creditor, the loan principal of KRW 120,00,000, the date of loan, June 23, 2013; the due date of repayment on June 23, 2014; and the agreed rate of 12% per annum (hereinafter “the loan certificate of this case”).

[Reasons for Recognition] Evidence A 1 to 4, Evidence B to 3 to 8, Witness D, and the purport of the whole pleadings

2. The objective meaning of the language and text is when the parties to the determination prepare in writing what terms and conditions of the contract as a disposal document.

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