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(영문) 수원지방법원안산지원 2015.05.22 2014가단37149
대여금
Text

1. The defendant shall pay 46,410,000 won to the plaintiff and 30% per annum from August 25, 2013 to the day of complete payment.

Reasons

1. To borrow from the Plaintiff, in part, the equivalent amount on a gold-free basis and to repay up to June 24, 2014, the equivalent amount to the Plaintiff.

1. Interest on the above amount shall be 1,500,000 won per month and shall be paid 24 days per month;

2. No objection shall be raised against any legal measure when the payment of interest is in arrears not less than twice.

3. The principal of the borrowed amount shall be repaid on June 24, 2014 and may be postponed after consultation with the debtor according to the circumstances of the debtor.

4. In order to secure the above loan, provisional registration of No. 302 and 303 of the D Building No. 1, Dongsung-si, Gyeonggi-do. A.

On June 24, 2013, the defendant made to the plaintiff a loan certificate with the following contents as the title holder of the defendant and the defendant's wife.

B. Accordingly, around June 24, 2014, the Plaintiff transferred KRW 44,200,000 to the Defendant’s account, KRW 1,200,000 to E account, and KRW 1,60,000 to the Certified Judicial Scriveners F Office account, respectively.

C. On June 24, 2013, with respect to Nos. 1, 302, and 303 of the D Building 1, 302, the ownership transfer registration was completed in the name of the Plaintiff, the provisional registration of the right to claim ownership transfer based on the trade reservation was completed in the name of the Plaintiff, and on July 24, 2013, with respect to No. 503 of the same building, the right to claim ownership transfer based on the trade reservation was completed in the name of the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. As long as the establishment of a disposition document is recognized as the authenticity of its formation, the court shall recognize the existence and content of the declaration of intent in accordance with the language stated in the disposition document, unless there is any clear and acceptable counter-proof as to the denial of the contents of the statement. In a case where there is any difference between the parties regarding the interpretation of the contract, and the interpretation of the intent expressed in the disposition document is at issue, the said agreement has been made.

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