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(영문) 서울서부지방법원 2019.09.19 2018가합1780
대여금
Text

1. The Defendant shall pay to the Plaintiffs KRW 647,452,054 and the interest rate of KRW 15% per annum from June 9, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 6, 2017, the Plaintiffs sold D’s land and its ground hotel (hereinafter “instant real estate”) at KRW 4 billion, and the said hotel facilities at KRW 1 billion (total KRW 5 billion).

D until July 27, 2017, 500 million won of down payment was paid to the Plaintiffs.

B. D did not pay an intermediate payment by August 30, 2017, which was the due date.

The plaintiffs concluded a sales contract again to extend the payment of intermediate payments and the payment of remainder at D's request.

D paid KRW 200,000,000,000, out of the capital gains tax increased in the process, to the plaintiffs separately from the purchase price.

C. On November 14, 2017, the Plaintiffs completed the registration of ownership transfer with respect to the instant real estate to D.

D The above real estate was loaned 3.5 billion won as security and paid to the plaintiffs as part of the intermediate payment and the balance, and the plaintiffs and the above B.

As stated in the foregoing paragraph, a quasi-loan contract for consumption (hereinafter “quasi-loan contract of this case”) under which capital gains tax of KRW 200 million and the remainder of KRW 1 billion, which is to be borne by the Plaintiffs instead, were concluded as follows.

Items 1.5% remaining 1.5% of the remainder 1.5% of no January 20, 2018, 2010,000 won in capital gains tax on interest on the due date for payment, 200 million won, and 15% of the interest on the due date.

D. On December 28, 2017, the Defendant, as D’s father, jointly and severally guaranteed the Defendant’s obligation to borrow the remainder of KRW 1 billion among the obligations under the instant quasi-Loan Agreement with respect to the Plaintiffs.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 9, 11, Eul evidence 5 (including above numbers), the purport of the whole pleadings

2. As of the determination of the cause of the claim, the period of reimbursement for the obligation under the quasi-loan agreement of this case has expired.

The Plaintiffs are those who received reimbursement on June 8, 2018, in the amount of KRW 580 million among them.

The above KRW 580 million is insufficient to extinguish all obligations under the quasi-loan agreement of this case. Thus, the Civil Act is applicable.

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