(영문) 인천지방법원 2016.02.02 2015나56475

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(영문) 인천지방법원 2016.02.02 2015나56475

대여금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. On February 17, 2014, the Defendant and C agreed to borrow KRW 50,000,000 from the Plaintiff from the Plaintiff, and the fact that the Defendant and C written a letter of mutual agreement execution (hereinafter “each of the instant notes”) with the following contents may be acknowledged in full view of the purport of the entire pleadings in the statement in subparagraph 3.

1. Gap (the term "Plaintiff"; hereinafter the same shall apply) and Eul (the term "Defendant and C"; hereinafter the same shall apply) (the term "Defendant and C"; hereinafter the same shall apply) shall implement an agreement as follows:

2. Eul shall loan 50,000,000 won in cash to Gap, including interest, at a rate of 60,000,000 won and the due date shall be three months from the date of borrowing.

3.The method of reimbursement shall be borrowed on the condition that B shall transfer its title one parcel of land in Incheon Strengthening-gun E, which is designated by the foregoing date.

Therefore, if the amount is paid by the above date, or if the name of the household as set forth in the attached Form is transferred, the repayment shall be made, and the creation documents and all documents which the Party A proposed to guarantee the amount to Party A shall be returned to Party A.

A cannot establish rights until the due date.

4. A and B shall put their signatures and seals on the grounds that there is no objection to the non-performance of the performance as described above to impose civil and criminal liability on the part of the non-performance.

B. According to the above facts, the defendant shall be held liable to return the above loan amount of KRW 50,00,000,000 with C, and barring any special circumstance, the defendant shall be held liable to pay to the plaintiff 25,000,000 and damages for delay at the rate of KRW 25% per annum within the limit of the agreed interest rate from May 31, 2014 to the date of full payment, which is three months after the date of borrowing the above money, as requested by the plaintiff.

2. As to the defendant's assertion, the plaintiff made a compulsory auction on the building that C had originally acquired at the time.

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