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(영문) 서울남부지방법원 2017.03.16 2015가합112161
대여금
Text

1. The Defendants jointly share KRW 265,000,000 to the Plaintiff and Defendant B with respect thereto from January 9, 2016, and Defendant C.

Reasons

Based on the facts, the Plaintiff and the network D lent money to Defendant B, the Plaintiff around December 20, 2005, and the network D lent KRW 160 million to the respective interest rate of KRW 140 million on the same day, KRW 3.5% per month, and the due date of repayment on March 19, 2006 (hereinafter collectively referred to as “the instant lending”).

Defendant C arranged for the instant loan.

On the same day, Defendant B completed the registration of transfer of ownership with respect to shares of 143,603/190 (hereinafter “the instant forest”) among the forest E 193,190 square meters of forest land E in Busan Metropolitan City.

Preparation of the Defendants’ respective notes, etc., took place with the forest land of this case as security and borrowed the Plaintiff’s interest in KRW 30 million from the obligee and transferred its ownership in 2005.

After the expiration of the repayment period, the loan was extended and the interest in several months was unpaid, so the unpaid interest shall be paid in part by December 19, 2006, and if the loan is not paid by December 30, 2006, all the rights of the forest land in question shall be waived and the plaintiff's claim shall be transferred to another person and the plaintiff shall not raise any objection even if he/she arbitrarily disposes of the loan, and all the following things shall be responsible for all.

Around December 7, 2006, Defendant B drafted to the Plaintiff a letter of statement (hereinafter referred to as “written statement or confirmation”) with the following content as follows.

In lending the borrowed money to the owner Defendant B with the forest of this case as security, the Plaintiff and D jointly invest in gold 10 million Won (Plaintiff) and gold 10 million Won (D) with the Plaintiff and transfer the ownership to the Plaintiff, and lend the gold 30 million Won to the Plaintiff.

On behalf of this, the F Company C is responsible for and proceeds from all the work, and is responsible and repaid until repayment is made, and it is rare.

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