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(영문) 서울동부지방법원 2015.10.20 2014가합10562
대여금
Text

1. The defendant shall pay 1,550,000,000 won to the plaintiff and 12% per annum from April 8, 2008 to the day of full payment.

Reasons

1. Basic facts

A. On March 8, 2007, Nonparty C paid to the Plaintiff KRW 1.5 billion as a check at the place where the Plaintiff, the Defendant, and Nonparty D were located together with Nonparty D (hereinafter “instant payment”).

The instant payment was paid to Nonparty E through D, and C was delivered F on the same day (hereinafter “instant F”).

B. On March 8, 2007, the Plaintiff signed a loan certificate (No. 3; hereinafter “the first loan certificate of this case”) with the end of the horse and delivered it to C. On May 30, 2014, the Plaintiff agreed to set up a collateral security right of the mortgagee C with the intent to set the maximum debt amount of KRW 1.55 billion with respect to the share of the Seoul Jongno-gu Seoul Metropolitan Government 571.6 square meters, which is owned by the Plaintiff between C and C, and the collateral security right of the mortgagee C.

6.2. The registration of the establishment of a neighboring mortgage shall be completed.

In the case of a loan certificate: Doz. 1,550,000,000 shall pay the above amount to the interest of 1% per month and shall borrow the above amount.

Performance shall be August 10, 2007.

March 8, 2007

C. The Defendant signed the same loan certificate (No. 1; hereinafter “the second loan certificate of this case”) which copied the part other than the Plaintiff’s signature among the loan certificate No. 1 of this case and delivered it to the Plaintiff.

On March 31, 2010, the defendant paid KRW 200 million to C via the plaintiff.

E. In addition to the money set forth in the said subsection, the Plaintiff paid KRW 900 million to C, including the payment of KRW 100 million around January 17, 201 and KRW 100 million around May 2, 201, to C.

[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 5, Eul's testimony, witness D's testimony (except for the part not trusted in the front) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's primary assertion 1 is that the defendant is likely to take out the cultural heritage of this case, which is the state-owned cultural heritage of this case, from E, who is the original owner of the cultural heritage of this case, and the purchase price is sought to be purchased from E, and the plaintiff, the defendant, C and E's representative D are only about March 8, 200, and C are requested to lend the purchase price.

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