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(영문) 수원지방법원안양지원 2019.09.19 2018가단110071
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 80,000,000 and the interest thereon from May 20, 2009 to the date of full payment.

Reasons

Facts of recognition

On January 1, 2005, the Plaintiff: (a) lent 240 million won to the Defendants at an annual interest rate of 24% (hereinafter “the instant loan”); and (b) completed the registration of the establishment of a mortgage (hereinafter “registration of creation of a mortgage”) in the vicinity of the Defendant C and the Defendant C and the Defendant C and the Plaintiff as the mortgagee on January 10, 2005 with respect to E Apartment F (hereinafter “the instant apartment”) during the period of Gyeyang-si owned by the Defendant C, within the limit of the maximum debt amount on January 10, 2005.

On November 28, 2008, the Plaintiff, along with the Defendants, entrusted the Defendants to prepare a notarial deed stating that “Around September 5, 2006, the Plaintiff: (a) around 2006, 80,000,000 won was set and lent to the Defendants, a debtor, at the rate of 2% per month; and (b) December 1008, 2008, a notary public made a notarial deed under the Monetary consumer loan contract No. 700 of the 2008 Deed No. 700 of the 2008 Deed, hereinafter “instant notarial deed”); and (b) on December 2, 2008, the Plaintiff completed the registration of the provisional attachment of the instant apartment on December 1, 2008, the claimed amount of KRW 80,000,000 for reasons of the provisional attachment decision by the Suwon District Court (No. 2008Ka15765).

On December 2, 2009, the instant real estate was sold by a compulsory auction (hereinafter “instant compulsory auction”) and the Plaintiff received 160,000,000 won by means of the instant compulsory auction during the said compulsory auction procedure.

On the other hand, before September 5, 2006, the date of the loan of this case on or before January 2006, Defendant B and C paid to the Plaintiff the following money from the loan of this case from 4,80,000 won on or before January 205, 2005, 4,80,000 won on March 31, 2005, 4,80,800,000 won on May 31, 2005, and 4,80,000,000 won on September 30, 205, and 80,000,000 won on October 31, 2005, and 6,80,000,000 won on or before December 1, 2005, 200,000 won on loan of this case from 30,005,000 won on loan of this case from notarial deeds:

Date of remittance (won) 1 December 4, 2006 4,000,000 2. 54,500,000 March 5, 2007 3 April 24, 2007 200 4,000,000 4,000,000 April 15, 2007 4,00,000,005 June 25, 2007

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