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(영문) 서울북부지방법원 2015.03.27 2013가단36900
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 142,266,884 as well as KRW 100,000 among them, from November 21, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On August 20, 2010, the Defendant: (a) borrowed KRW 200,000,000 from C, the Plaintiff, who was the Plaintiff, at the Plaintiff’s introduction on February 25, 201; (b) borrowed KRW 2% of interest per month; (c) due date for repayment on February 25, 2011 (hereinafter “the first loan to C”); and (d) granted the Defendant a right to collateral for the collateral; (b) borrowed KRW 100,00,000 from C on March 11, 201; and (c) set up a right to collateral for the collateral.

At the time, the document work related to the creation of collateral security was conducted at the F judicial scrivener office while the plaintiff, defendant, and E were present.

B. On August 16, 201, the Plaintiff and the Defendant decided to borrow interest of KRW 100,000,000 from the Plaintiff as of February 16, 2012, and the due date for payment of KRW 2,00,000, and the Defendant concluded a mortgage agreement on a house with the Defendant’s ownership of KRW 66 square meters and above ground (hereinafter “G house”) and completed the registration of the establishment of a neighboring mortgage accordingly.

C. On February 25, 201, the Plaintiff remitted KRW 50,000,00 to C, and remitted KRW 5,000,000 to the Defendant on August 16, 2011, and paid KRW 16,00,000 as a check on August 17, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 15 (Evidence No. 1 denies the defendant's authenticity, but it is recognized as being produced by the defendant's testimony of witness H and E, and thus admissible as evidence), the purport of the whole pleadings

2. The summary of the parties’ assertion is that the Plaintiff confirmed the Defendant’s intention by leasing KRW 100,000,000 to the Defendant, and then drafted a certificate of borrowing KRW 1,000,000, among which the Plaintiff, remitted KRW 50,000 to C with the Defendant’s primary obligation of borrowing KRW 5,00,000,000 to the Defendant’s agent, and pays KRW 16,00,000 to the Defendant’s agent, respectively, and then deducts KRW 100,00,000 to the Defendant’s agent as advance interest, certified judicial scrivener’s expenses, and interest on the borrowed amount.

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