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(영문) 인천지방법원 2020.01.15 2019가단16917
대여금
Text

1. The defendant shall pay 130,000,000 won to the plaintiff and 12% per annum from June 26, 2019 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant, as the Plaintiff’s husband, was the Plaintiff’s husband’s sentence, and around 2016, around the Jeju-si D (the registration of ownership transfer was completed in the name of E on January 13, 2016, and was completed in the name of FF Co., Ltd. on July 18, 2017; hereinafter “G land”), started a new housing construction project on the ground, and obtained approval for the use of the said housing on June 19, 2018.

B. H, while operating I Co., Ltd. (hereinafter “I”), continued to undertake the construction of K Housing on the ground of J at Jeju City, and obtained approval for the use of the said housing on December 1, 2017.

H traded several moneys with the defendant, and it was also going to work as the defendant's subordinate company.

The Defendant provided G land as collateral for H’s financing. In this process, on September 22, 2016, the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) consisting of the obligor H, the mortgagee L, and the maximum debt amount of KRW 143 million was completed.

The registration of creation of the above right to collateral security was cancelled on July 18, 2017.

C. On July 18, 2017, the Plaintiff transferred KRW 1223,200,000 to the new bank account of M, and KRW 6.8 million to the account of E community credit cooperatives.

H set up a contract for sale in lots (hereinafter referred to as “instant contract for sale in lots”) as follows and awarded it to the Defendant.

(1) Subject matter: The date of the completion of the intermediate payment of KRW 130 million on July 18, 2017, the remainder of KRW 130 million on August 30, 2017: (a) the seller I, the buyer I, the Plaintiff (3), the down payment of KRW 280 million on the part of the Plaintiff, the intermediate payment of KRW 80 million on the part of the Plaintiff; and (b) the date of preparation of the intermediate payment of KRW 70 million on August 30, 2017: May 19, 2017; (c) there is no dispute over the grounds for recognition; (d) the evidence Nos. 1 and 5 (including the spot number; hereinafter the same shall apply); (c) the evidence Nos. 1, 2, 4, and 5, and the purport of the entire pleadings.

2. Summary of the parties' arguments

A. The Defendant, around July 2017, is running the Plaintiff’s business of constructing a multi-household house (P building) at the time of Jeju, and the construction was almost completed.

The right to collateral security should be set up on the site in order to complete the construction.

The right to collateral security.

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