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Reasons
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(영문) 부산지방법원 2019.07.11 2018가단302489
대여금
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1. As regards Defendant B’s KRW 130,00,000 and KRW 70,000 among them, Defendant B shall be from August 2, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On November 25, 2013, the Plaintiff lent KRW 30 million to Defendant B, and additionally lent KRW 70 million on October 14, 2016, and on August 1, 2017, the Plaintiff paid KRW 130 million out of the total amount of loans ( KRW 30 million in KRW 70 million in KRW 30 million in KRW 30 million in KRW) as interest rateing to KRW 20 million in KRW 60 million in KRW 8% per annum on September 25, 2017. 5 million in KRW 75 million in KRW 75 million in KRW 70 million in total.

B. The Defendants: (a) completed a marriage report on April 8, 1988; (b) however, on November 16, 2016 and December 27, 2016, submitted to the Busan Family Court an application for confirmation of intention of divorce; (c) on February 13, 2017, upon confirmation of intention of divorce by agreement with the Busan Family Court 2016No. 8122, the Defendants filed a report of divorce on March 21, 2017.

C. The Defendants completed the registration of ownership transfer on November 29, 2012, based on each one-half share of the real estate listed in the separate sheet (hereinafter “instant apartment”) on the grounds of sale, and Defendant B completed the registration of ownership transfer on July 13, 2017 with Defendant C’s one-half share of the instant apartment on the grounds of the division of property on the same day.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-3, 2-2, Eul's evidence, and the purport of whole pleadings

2. According to the facts of the determination as to the claim against Defendant B, as to the Plaintiff’s loans of KRW 130 million and KRW 70 million, Defendant B is obligated to pay, as claimed by the Plaintiff, interest and delay damages calculated at the rate of 24% per annum, which is agreed upon from August 2, 2017 to the date of full payment, as to the interest and delay damages of KRW 60 million, an annual interest and delay damages calculated at the rate of KRW 24% per annum, which are agreed upon from August 2, 2017 to April 21, 2018, the duplicate of the instant complaint from August 2, 2017 to the date of full payment, as claimed by the Plaintiff.

3. Claim against Defendant C

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