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Reasons
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(영문) 서울동부지방법원 2016.10.06 2014가합11008
대여금
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,321,423,191 and KRW 700,00,000 among them.

Reasons

1. Facts of recognition;

A. On February 24, 2006, between the Plaintiff, D, and Defendants, a performance memorandum (Evidence A No. 1; hereinafter “instant performance memorandum”) was drawn up between the Plaintiff and D and the Defendants, providing “the Plaintiff, the obligor D, and the Defendants as joint and several sureties” with the following content.

1.Dailys: Liberlishment. The above amounts shall be borrowed and repaid as follows:

2. Date of repayment: 3% per month; and

4. Method of payment: 24th day of each month in the case of remittance to the account E of the Plaintiff’s agent.

5.D shall make a provisional registration with respect to the above 31 parcel of land F in the original city, in order to secure the repayment of the above amount.

B. On February 24, 2006 between the Plaintiff and G, a written confirmation (Evidence A No. 4, hereinafter “instant confirmation”) was drawn up between the Plaintiff and G.

The principal made a loan of KRW 700 million to D on February 24, 2006 by combining the principal's money, and the details are as follows:

1. Plaintiff: 500 million won;

2. G: The transfer of ownership was registered in the name of the plaintiff on February 24, 2006 on the part of F and 31 parcels in the original city of Won-si owned by D as security for the above obligation amounting to KRW 200 million. If D fails to repay the above loan, thereby making the principal registration possible, all of its rights to it shall be the joint rights of the plaintiff and G and its ratio shall be based on the ratio of each credit amount.

C. On February 24, 2006, H, the husband of the Plaintiff, remitted the sum of KRW 4550 million to E’s account, and I, the husband of G, remitted the sum of KRW 450 million to E’s account.

E deducted the interest (63 million won), financial intermediary fees (70 million won), application expenses for provisional registration (1,366,800 won), provisional registration fees (3970,000 won) between KRW 70 million and KRW 73 million as stated in the letter of performance of this case, E remitted the sum of KRW 61,63,200 to the Defendant C’s account on February 24, 2006, and remitted the sum of KRW 500,000 to the account of the J designated by D.

E. D is a name of KRW 21 million on June 24, 2006, and KRW 21 million on July 24, 2006, as interest under the instant performance angle.

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