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(영문) 수원지방법원 2021.02.10 2018가합26898
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 165,534,981 as well as 24% per annum from June 17, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On November 28, 2014, the Defendant: (a) acquired the right to collateral security of KRW 3.5 billion from the said company; (b) completed the registration of additional entry by transfer from the said company; (c) completed the registration of establishment of the right to collateral security of KRW 3.5 billion for the said right to collateral security of KRW 3.5 billion for the said right to collateral security of KRW 3.5 billion to J Co. on the same day.

B. Since then, on December 1, 2014, the Defendant additionally registered the establishment of a pledge right with the right to collateral security, the amount of which is KRW 468 million, to K on the same day, registered the establishment of a pledge right with the right to collateral security with the amount of KRW 500 million on the same day, and registered the establishment of a pledge right with the right to collateral security with the amount of KRW 100 million on the same day to M on January 16, 2015.

(c)

On March 17, 2015, the Defendant completed the registration of the establishment of the pledge right with respect to the above collateral security amount of KRW 800 million on the same day, and cancelled the registration of the establishment of the pledge right with respect to the above collateral security right, and completed the registration of the transfer of the pledge right with respect to the above collateral security right to N by having K transfer the pledge right with respect to the above collateral security right to N on the same day.

(d)

Then, on June 24, 2015, the defendant completed the registration of establishment of the right to collateral security with the right to collateral security amounting to KRW 500 million.

E. On December 23, 2015, the Plaintiff entered into a loan agreement with the Defendant to lend KRW 400 million to the Defendant for a period of five months, to which interest for the said five-month period is KRW 20 million, and to pay interest for delay calculated at the rate of twenty-four percent per annum at the time of default.

However, on December 28, 2015, the Plaintiff paid only KRW 300 million, not KRW 400 million, as stipulated in the above agreement, to the Defendant as the borrowed money.

F. On December 28, 2015, in order to secure the above loan obligation, the Defendant shall transfer to the Plaintiff the pledge on the collateral security right as stated in the O’s above sub-paragraph (d).

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