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(영문) 서울서부지방법원 2014.10.02 2013가합8250
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 500,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 1, 2013 to July 16, 2014.

Reasons

1. Basic facts

A. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) came to know of the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) from C around 1988 as the Republic of Korea and has maintained close relation, including the Plaintiff’s residence in the Plaintiff’s house, while residing in Korea from around 2002.

B. On April 30, 2004, the Plaintiff took out a loan of KRW 250,000,000 from the National Agricultural Cooperative Federation, and established a collateral security (hereinafter “instant real estate”) with the amount of KRW 300,000,000 with the maximum debt amount set as KRW 300,000 on Jeju-si, the Defendant owned by the Defendant, and paid the interest under the agreement directly to the National Agricultural Cooperative Federation.

C. On December 28, 2011, the Defendant, from around 2006, did not frequently enter Korea, and thus, the relationship with the Plaintiff was sought. On December 28, 201, the following details were written between the Plaintiff and the Defendant, respectively: (a) the loan certificate (the certificate No. 4; hereinafter “the loan certificate of this case”) in the name of the Plaintiff and the agreement under the name of the Defendant (the certificate No. 2 of this case; hereinafter “instant agreement”).

1) A loan certificate: A loan of KRW 250,00,000 (250,000,000) is to verify that the Plaintiff, under the name of the Defendant, obtained a loan of the instant real property at the NAY branch in the Agricultural Cooperatives, using the said real property as collateral, and prepare and deliver a certificate of loan. The said money is to be repaid until December 31, 2012, and the borrower bears interest and taxes until the loan is repaid.

b. The Defendant of the 2 agreement provides the Plaintiff with a loan of KRW 500 million as security and pays the instant real estate up to December 31, 2012. If the said agreement is not complied with, the Defendant shall implement the procedure for the registration of ownership transfer by December 31, 2012 without any condition that ownership of the said real estate is owned.

In addition, on December 28, 2011, the defendant lent 250 million won to the plaintiff, but this is true intention of the defendant according to his personal circumstances.

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