(영문) 수원지방법원 안양지원 2017.04.27 2015가단15069

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(영문) 수원지방법원 안양지원 2017.04.27 2015가단15069

대여금

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1. The Defendant: (a) KRW 96,00,000 for the Plaintiff and KRW 20% per annum from September 19, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 2009, the Plaintiff joined a friendly panty importing firm called “C” operated by the Defendant and served as a panty member.

B. In return for the Plaintiff’s contribution to the increase in sales of “C”, the Defendant transferred the ownership of Nos. 18-126 and No. 18-226 (hereinafter “each of the buildings of this case”) of the 2nd class D D and the 18-226 of the same floor (hereinafter “each of the buildings of this case”), instead, provided each of the above buildings as security, and provided each of the above buildings, and

C. The Defendant completed the registration of ownership transfer on August 23, 2013 with respect to each of the instant buildings on the grounds of sale as of August 20, 2013, pursuant to the above agreement, to the Plaintiff, and the Plaintiff had the same year.

9. 11. The provision of each of the above buildings as joint collateral and the provision of 50,000,000 won to the Defendant on the same day with loans of 50,000,000 won after establishing the right to collateral security of 60,000 won for the maximum debt amount, and the loans of 50,000 won to the Defendant on the same day, and the same year; and

8. 20.10,000,000 won for the same year; and

9. June 9, 200,000 won, and February 5, 2014, leased KRW 96,000,000 in total, by lending KRW 17,000,000.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 20, purport of whole pleadings

2. According to the judgment on the cause of the claim, the defendant is obligated to pay to the plaintiff 96,00,000 won and the amount calculated by applying each rate of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 19, 2015 to September 30, 2015, the day following the delivery date of a copy of the complaint of this case, as the plaintiff seeks.

3. The defendant's argument that the amount the plaintiff paid to the defendant is the purchase price according to the sales contract of each building of this case, and thus, the following facts and circumstances acknowledged by the statement in subparagraphs 1 through 7, and witness E's testimony are submitted to the defendant, i.e., the defendant.

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