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(영문) 서울중앙지방법원 2015.11.24 2015가단68360
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On October 10, 2003, B loaned KRW 200 million at the interest rate of 12% per annum to CY Co., Ltd. (hereinafter “CY”) and within two months after opening the time of repayment (which between October 31, 2003 and November 20, 2003) (hereinafter “instant loan”).

B. On the same day, the Defendant issued to B an agreement stating that “In the event that the Plaintiff makes a decision that the instant loan will not be continuously invested in salaryization after the lapse of the repayment period, the Defendant shall guarantee the repayment of the instant loan and interest (12%).”

C. After that, B demanded the Defendant to repay the instant loan, but failed to repay it. The Defendant agreed that B shall continue to pay interest of 12% per annum until the repayment of the instant loan was made. On July 8, 2004, with respect to the Defendant’s share of 413/100 of the Defendant’s share of 1013m2 in Jung-gu, Incheon Metropolitan City (hereinafter “instant real estate share”), the obligor, the maximum debt amount of KRW 120,000,000, the collective security right with B as the mortgagee (hereinafter “instant collective security right”), the obligor’s share of KRW 120,000,000, the maximum debt amount of KRW 200,000, and the collective security right with B as the Defendant’s share of KRW 495m2, each of the instant collateral security rights (hereinafter “instant collateral security”).

The Defendant paid B the instant loan repayment amounting to KRW 20 million on June 25, 2009, KRW 50 million on July 2, 2009, KRW 1 million on August 28, 2009, and KRW 20 million on August 26, 2009, respectively, and the Defendant cancelled the instant second resort mortgage on June 26, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, 14 (including provisional number), Eul witness Eul's testimony and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) F, G, and H are interest at the rate of 12% per annum from September 9, 2004 to March 19, 2012 on loans extended from B to the Defendant 228,393,443 ( principal KRW 120,00,000).

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