(영문) 수원지방법원 2016.06.29 2014가단538006

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(영문) 수원지방법원 2016.06.29 2014가단538006

대여금반환 등

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1. Defendant B’s KRW 80,000,000 as well as 6% per annum from February 7, 2013 to April 22, 2015 to the Plaintiff.

Reasons

1. Evidence 【Evidence 【A, A2, A3, and the result of the request for market price appraisal by this court, the fact inquiry results about South-dong Agricultural Cooperatives and the head of the Dong, and the purport of the whole pleadings;

A. On February 7, 2013, the Plaintiff loaned KRW 80 million to Defendant B at the interest rate of 6% per annum and due date of repayment on December 31, 2013.

B. (1) On May 23, 2014, Defendant B entered into a sales contract with Defendant C, which is the only property of Defendant C, with the purchase price of KRW 300 million, and completed the registration of transfer of ownership in the name of Defendant C as the receipt of the Incheon District Court on May 23, 2014.

(2) On October 21, 2010, the instant real estate was concluded between E and the Namdong Agricultural Cooperative as the maximum debt amount of 300 million won, the debtor E, and the mortgagee South-dong Agricultural Cooperative. After Defendant C purchased the instant real estate from Defendant B, Defendant C repaid the secured debt of the said secured debt (a credit loan of 250 million won, a credit loan of 30 million won), which was established on May 27, 2014, and deleted the said secured debt of the instant real estate.

(3) Meanwhile, Defendant C leased the instant real estate to Defendant B in the amount of KRW 50 million and KRW 700,000 per month of rent.

C. The market price of the instant real estate is KRW 284 million as of May 23, 2014, and the market price of the instant real estate is KRW 290 million as of September 14, 2015 near the date of closing the argument in the instant case.

2. The allegations by the parties and the judgment of this court

A. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay the Plaintiff a loan of KRW 80 million and its delay damages.

B. (1) The debtor's act of selling real estate, which is the only property of the defendant C, and changing it into money easily for consumption.

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