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(영문) 대전지방법원 2018.06.20 2015가단39781
대여금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 113,284,901 and the interest rate thereon from October 6, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendants are legally married couple, and operate a livestock farm on two parcels, including D, Chungcheongnam-gun, Chungcheongnam-gun, and two parcels.

B. Defendant B shall provide the Plaintiff with a loan certificate of KRW 30 million with June 10, 2014 and interest rate of KRW 1% (payment on June 10, 2014) on October 10, 2012 (hereinafter “instant primary loan certificate”); ② on December 20, 2012, Defendant C shall provide the debtor, Defendant B with a joint guarantor, and Defendant B with a loan certificate of KRW 30 million with interest rate of KRW 30 million on August 25, 2013 (payment on August 25, 2012); ③ on April 15, 2013, Defendant C shall provide the debtor, Defendant B with a joint and several surety, Defendant B with a loan certificate of KRW 100,000 (payment on April 15, 2013), Defendant C with a loan certificate of KRW 305,000 (payment on June 10, 2014; 400,000).

C. On December 20, 2012, the registration of creation of a neighboring mortgage (hereinafter “instant collateral security registration”) with the debtor as the joint collateral on the above real estate, on December 20, 2012, with regard to the 1950 square meters of land, livestock pens and affiliated buildings owned by Defendant C, Chungcheongnam-gun, Chungcheongnam-gun, and the 1950 square meters of land, and F, 1264 square meters of land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 28, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Loans (1) (A) Defendant B made up the instant first loan to Defendant B around October 10, 2012, after taking out the Plaintiff’s 30 million foot Nos. 30 million won organized by the Plaintiff and deducting the total amount of KRW 15,34,000,000 for the Plaintiff up to that time after taking out the said 30 million loan from the Plaintiff, and the remainder of KRW 14,660,000,000,000,000 for the Plaintiff’s debt up to that time, was paid from the Plaintiff. The Plaintiff prepared the instant first loan certificate to the Plaintiff on the ground that the said 30 million loan obligation was changed into the loan obligation. The Defendant paid the total amount of KRW 14,440,00,000 among the above 30 million loan, and thus the remainder of the loan.

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