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Reasons
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(영문) 창원지방법원 2015.01.14 2013가합6544
대여금
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1. The Defendant’s KRW 1,225,00,000 among the Plaintiff and KRW 300,000,000 among the Plaintiff, shall be from January 20, 2010, and KRW 270,00,000.

Reasons

1. Basic facts

A. The Plaintiff’s monetary loan to the Defendant (formerly: D Company) was from January 5, 2010 to the same year.

2. By November, 200, the Defendant lent a total of KRW 1,625,00,000 to the Defendant at an annual interest rate of 9% on six occasions as follows. The Plaintiff received reimbursement of KRW 400,000,000 out of the above loans on January 20, 2010.

The interest rate on loans (won) 1 January 25, 2010. 25,00,000 9 20,000 on January 8, 2010, 200 9320,009 35,000,000 on January 20, 2010 94 April 20, 2010 on January 20, 2010 270,000,000 on February 1, 200, 200,000 6 June 5, 200, 200,000 on February 5, 200, 7, 2009; and

B. On January 19, 2010, the Plaintiff and the Intervenor’s Intervenor drafted a notarial deed between the Plaintiff and the Defendant’s Intervenor, in Han-ro, a notary public drafted a notarial deed under a monetary loan agreement No. 4 of 2010 (hereinafter “instant authentic deed”) with the effect that “The Defendant’s Intervenor, on January 19, 2010, lent KRW 3,750,000,00 annually, interest rate of KRW 9% per annum, due date for payment, and April 17, 2010. In the event the Plaintiff’s failure to perform the said loan obligation against the Defendant’s Intervenor, it shall immediately be subject to compulsory execution.”

C. On April 7, 2010, the Defendant joining the Defendant’s compulsory execution against the Defendant as Seoul Central District Court No. 2010 Taga1292, on April 7, 2010, designating the instant notarial deed as its executive title.

The above order was served on the Defendant on April 13, 2010, and the Plaintiff on July 20, 2010, respectively.

On April 13, 2013, after deposit of KRW 1,225,00,00 in the account in the name of E, a child of April 13, 2013, the Intervenor’s Intervenor remitted KRW 1,225,00,00 to the Defendant. On the same day, the Defendant again remitted KRW 1,225,00,000 to the Defendant’s Intervenor, and the Defendant’s Intervenor’s Intervenor’s 1,25,25.

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