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(영문) 서울중앙지방법원 2014.06.12 2013가합512006
대여금 등
Text

1. The Defendant’s KRW 678,907,506 and its portion

A. From March 12, 2011 to August 5, 2011, KRW 156,979,506

Reasons

1. Basic facts

A. On July 23, 2010, the Plaintiff entered into a monetary loan agreement with the Defendant and the Defendant to lend KRW 6,000,000 to the Defendant on July 23, 201 due date, KRW 11% per annum of interest, and KRW 15% per annum of interest (hereinafter “instant one contract”) and paid KRW 6,00,000 to the Defendant on the same day.

B. On August 5, 2010, the Plaintiff entered into a monetary loan agreement with the Defendant and the Defendant to lend KRW 160,000,000 to the Defendant with a maturity of KRW 11% per annum on August 5, 2011, interest rate of KRW 11% per annum, and interest rate of KRW 15% per annum (hereinafter “instant two contract”), and paid KRW 160,000 to the Defendant on the same day.

C. On July 15, 2011, the Plaintiff concluded a sales contract with the Defendant to sell D apartment non-Dong non-201 (hereinafter “instant store”) on a parcel of land (hereinafter “instant store”) at KRW 800,000,000, the Plaintiff agreed to accept the obligation to return the existing lease deposit with respect to the instant store in lieu of paying the down payment of KRW 30,000,000, and the remainder amount of KRW 770,00,000 on August 11, 2011.

On August 11, 2011, the Defendant completed the registration of ownership transfer for the instant store based on the said sale, and received 350,000,000 won from the Industrial Bank of Korea as security, and paid the Plaintiff KRW 336,00,000 among them.

E. On August 11, 201, the Plaintiff and the Defendant agreed to lend KRW 434,00,000 to the Defendant on December 31, 201, at the rate of 9% per annum, and interest rate of 18% per annum, and the Plaintiff entered into a monetary loan agreement with the Defendant (hereinafter “instant three contract”). The interest rate of KRW 50,000,000 until the said due date is paid in advance.

F. On August 11, 201, the Plaintiff entered into a monetary loan agreement with the Defendant and the Defendant to lend KRW 25,000,000 to the Defendant on December 31, 2012 due date, KRW 9% per annum of interest, and KRW 18% per annum of interest interest (hereinafter “instant four contract”), and paid KRW 25,00,000 to the Defendant on the same day.

Grounds for recognition: dispute.

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