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(영문) 대구지방법원김천지원 2016.08.26 2014가합1730
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A and C, each of whom was KRW 1,500,000,000, and Defendant A with respect thereto, respectively, shall be from March 7, 2014 to April 7, 2014.

Reasons

1. Basic facts

A. 1) Defendant C around October 2012: (a) around October 2012, Defendant C is the Plaintiff’s forest of Pyeongtaek-si E and 11,99 square meters (hereinafter “instant forest”).

(2) The Defendant C requested that Defendant A and B be the nominal owner of the above loan, and requested that Defendant C be the nominal owner of the loan, and Defendant C entered into the following loan agreements (hereinafter “instant loan agreement”) with the Plaintiff on November 5, 2012, and then transferred the loan to Defendant C after receiving the loan from the Plaintiff.

① Loans: (2) on November 6, 2015: (3) Interest rate: less than one month (interest rate of less than 6%) period in arrears; (4) more than one month but less than three months (interest rate of less than 7%) period in arrears; (5) the Plaintiff demanded the Plaintiff to repay the loans to the Defendant C after receiving the notice that the establishment registration of the neighboring mortgage becomes invalid under the terms and conditions of the instant forest as to the instant forest. Accordingly, the Defendant C repaid to the Plaintiff on December 10, 2012 as to the principal of the Defendant A’s loan; (40 million won on December 11, 2012 as to the principal of the loan; (5) interest rate of the Defendant B on April 12, 2013 as to the principal of the loan; and (4) the Plaintiff did not receive any interest on April 4, 2014 within the period in arrears; and (4) the Plaintiff did not receive any interest on the instant loan from the Plaintiff on April 26, 2014.

The interest rate under the loan contract of this case around April 2014 (based on the changed-type standard rate - 1.91%) was 5.2% per annum.

B. On November 6, 2012, Defendant C had the Plaintiff secure the instant loan, as to the instant forest land, KRW 2.4 billion with the maximum debt amount, and the debtor A, with respect to the instant forest land.

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