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Reasons
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(영문) 서울중앙지방법원 2015.11.12 2015가합521585
대여금
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1. Defendant B’s KRW 283,765,432 as well as the Plaintiff’s KRW 0.5% per month from January 25, 2013 to November 12, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff’s lending of money to Defendant B, as indicated below, lent to Defendant B a sum of KRW 580 million from December 18, 2003 to July 1, 2005.

[mark] On December 18, 2005, the interest rate of December 18, 2005 shall be five to five to five to five to five to half of the profit.

(b) On February 4, 2006, the interest amount of March 11, 2005, KRW 30 million,000,000,000,000.

(b) The Plaintiff shall receive the claim against the Defendant amounting to KRW 30 million on March 12, 2005 from the Plaintiff on the 18th day of each month from March 18, 2005 to April 18, 2005.

(b) On September 30, 2005, on July 1, 2005, 150 million won shall be paid in 1% per month on September 30, 2005.

(b) total of KRW 580 million;

B. On July 20, 2005, the Plaintiff and Defendant B drafted a debt agreement (Evidence A 2) with respect to the amount loaned by the Plaintiff to Defendant B as above.

1) Principal of the obligation: The date of the repayment of the obligation amount of KRW 570 million: July 31, 2006 - the amount of installment repayment within the time limit and the amount of repayment shall be adjusted as much as the principal and interest shall be reduced as the repayment amount; 3) the place of repayment of the obligation amount shall be the Plaintiff’s domicile; 4) the interest shall be 0.5% per month from the date of the agreement.

5) Method of security (1) - Establishment of a mortgage - Registration of ownership transfer under the name of the Defendant, Sungnam-si, E apartment 302 Dong 901 (hereinafter “instant real estate”).

(2) The plaintiff, debtor, defendant B, and guarantor: F (the husband of defendant B at the time of registration of creation of a mortgage near the second order:

A person shall be appointed.

C. On November 24, 2006, the Plaintiff agreed to receive dividends and settlement of accounts was paid KRW 383,194,954 in the voluntary auction procedure for the instant real estate owned by Defendant B, and the Plaintiff and Defendant B were paid debt certificates with the content of settlement as follows on December 12, 2006.

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