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(영문) 수원지방법원성남지원 2016.11.25 2016가단2702
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On May 30, 201, the Plaintiff demanded the Defendant to borrow money, and lent KRW 42,000,000 to the Defendant on the maturity of August 23, 2011 and KRW 3% of the interest rate (hereinafter “instant loan”). At that time, the Plaintiff prepared a loan certificate (Evidence A 1; hereinafter “the instant loan certificate”) as above; on the same day, the Plaintiff completed the registration of establishment of a mortgage for the 1,176 square meters of the warehouse site in Gyeonggi-si, Gyeonggi-gu, Gyeonggi-do, the Defendant, the obligor, and the Defendant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage (hereinafter “instant loan certificate”).

The plaintiff received 45,00,000 won deposited by the defendant during the auction on the above real estate, but was appropriated for the above loan and interest (in consideration of the Interest Limitation Act, the amount shall be calculated as 15% per annum) of the plaintiff, the principal shall remain 24,789,041 won.

Therefore, the defendant is obligated to pay the plaintiff the amount stated in the purport of the claim.

B. The Defendant’s assertion that the father of the Defendant was in charge of the police station, and D borrowed money from F with the discount of bills from the Plaintiff, the Plaintiff, the Plaintiff, and the father of E’s agent, while operating the police station.

D’s above security guards were unpaid for the first time in early 201, and the amount actually borrowed was approximately KRW 27,500,000,000. around May 30, 201, the F, E, and the Plaintiff drafted the instant loan certificate and forced the Defendant to affix a seal on the instant loan certificate of KRW 27,50,000 in total and the accrued interest KRW 14,50,000 in total and KRW 14,50,000 in total, and the Defendant inevitably affixed a seal on the instant loan certificate.

The Defendant repaid to the Plaintiff the sum of KRW 22,00,000 from September 30, 201 to December 15, 2013 as a check or a bill. Upon the Plaintiff’s application for an auction on the said real estate, the Defendant deposited KRW 45,803,50 for the Plaintiff, and the Plaintiff received it.

In addition, even if there is money remaining after repayment as above, the loan of this case set the period of less than one year.

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