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(영문) 인천지방법원 부천지원 2017.01.17 2015가단28441
대여금
Text

1. The defendant shall pay 42,584,944 won to the plaintiff (appointed party) and the selectors listed in the annexed list.

Reasons

1. Facts of recognition;

A. The Defendant requested the Plaintiff (Appointed Party), A, C, D (hereinafter “Appointed Party”) to lend money as the price for construction in order to construct a new building on the ground of Dobong-gu Seoul Metropolitan Government E (hereinafter “instant land”).

B. On March 9, 2015, the Defendant, without stating the portion of the creditor on March 9, 2015, prepared a loan certificate stating that the amount was “one hundred and twenty million won (120,000 won)”, “two and a half percent per month” (1-1-2), “three million won (30,000 won)”, “two and five percent per month interest” (3-3-2), “the amount (50,000 won)”, “the amount (50,000 won)”, “two and five percent per month interest (2.5%), and delivered it to each of the Plaintiffs. The Plaintiffs, on behalf of the Defendant, did not have any dispute between the parties, with the exception of two-month interest (30,000 won per annum) and the two-month interest (300,000 won per annum), and then, there was no difference between the parties to the loan statement and the Defendant, and the amount was paid to each of the parties to the loan.

hereinafter the same shall apply.

(3) On March 9, 2015, the Plaintiff completed the registration of the establishment of a mortgage on the instant land owned by the Defendant on March 9, 2015, KRW 30,000,000, KRW 138,150,000, the aggregate of KRW 138,150,000, No. 138,150, and KRW 150,000, in the name of the remitter on March 1, 2015, as of March 13, 2015, as well as KRW 260,00,000, the maximum debt amount and KRW 30,000,000, as well as KRW 138,150,000, in order to secure the payment of the Defendant’s claims against the Defendant.

(hereinafter “First Supplementary Mortgage”). The Plaintiffs paid KRW 1,207,80 to the above registration fee.

3. Meanwhile, in the instant land owned by the Defendant, the corrective home claims the construction cost against the Defendant.

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