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(영문) 수원지방법원 2021.01.13 2019나71806
대여금
Text

In accordance with the selective claims that change exchange in this Court, the defendant 168,224,658 won and 100 of them.

Reasons

1. Basic facts

A. On January 4, 2012, Defendant and four other (G, C, H, and E) agreed to borrow KRW 400 million from the Plaintiff, and written a loan certificate as indicated in the attached Table (Evidence A No. 6). The Defendant and G drafted a loan certificate (Evidence A 7) as follows on January 20, 2012 after the Plaintiff received all of the above loan money from the Plaintiff (hereinafter “one loan”). The amount of KRW 410 million was transferred to the I Company designated account on January 4, 2012 after deducting KRW 250 million from the transfer of KRW 50 million to the G account on January 11, 2012, KRW 50,000,000,0000,000,000,000 won was transferred to the G account on January 20, 2012, KRW 281,000,000,000,00 won was transferred to the G account on January 20, 2012

B. On March 7, 2012, the Defendant and G drafted a loan certificate (No. 4) stating that KRW 200 million will be borrowed from the Plaintiff (hereinafter “No. 2 loan”). The interest amounting to KRW 400,000,000 per month from the interest amounting to KRW 200,000,000,000 per month, and the interest amount would be set up as a collateral for the F Lending business site when the interest would not be repaid by 3/31.

(c)

On November 27, 2013, the Plaintiff completed the registration of establishment of the right to collateral security (hereinafter referred to as “D land”) with the Defendant and C (hereinafter referred to as “C”) as to the land in Gwangju-si, where the Defendant and C (C) jointly owned, for securing the aforementioned loan No. 2, KRW 300 million (hereinafter referred to as “D land”). On May 23, 2014, the Plaintiff repaid KRW 100 million to the Plaintiff on June 18, 2014, and the registration of establishment of the right to collateral security (hereinafter referred to as “C”) was cancelled due to termination as of June 13, 2014.

(d)

On July 29, 2014, the Plaintiff completed the registration of the establishment of a collateral security for the claim amounting to KRW 300,000,000 for the claim amount and the debtor's wife E portion among the F land in Gwangju-si (hereinafter referred to as "F land"), which was made between the Defendant and C (the collateral security was also established for the waiver of the J's share (145/3605/360) on June 28, 2017). The Defendant on September 1, 2014.

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