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(영문) 서울동부지방법원 2017.12.13 2016가단140897
대여금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 30,00,000 and 5% per annum from June 7, 2015 to December 13, 2017.

Reasons

1. Basic facts

A. On May 15, 2014, the Plaintiff entered into a real estate sales contract with the Defendant Medical Foundation for KRW 850,000,000 with regard to the purchase price for the first floor F and G units of the E Hospital located in Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, which is owned by the Defendant Medical Foundation (hereinafter “instant real estate”).

Upon entering into a contract, KRW 300,000,000 as the payment method of the purchase price, the intermediate payment of KRW 200,000,000 shall be paid as of June 17, 2014, and the remainder of KRW 350,000,000 shall be paid as of August 29, 2014, respectively, and Defendant Medical Foundation shall deduct KRW 100,000,00 from the remainder of the loan, and KRW 103,168,476 from the remainder of the loan that Defendant Medical Foundation assumed at the Ho Bank Incheon Tri Branch (hereinafter “Nonindicted Bank”).

On the other hand, on June 11, 2008, the non-party bank issued foreign currency loans to the defendant Medical Foundation after completing the registration of creation of a neighboring mortgage with the debtor I (the husband of the defendant C and the actual operator of the defendant Medical Foundation) regarding the whole E Hospital building including the instant real estate.

B. Upon entering into a contract, the Plaintiff paid the intermediate payment of KRW 200,000,000 to the Defendant Medical Foundation on June 17, 2014, respectively. On September 5, 2014, the Plaintiff transferred KRW 303,168,476 to the Nonparty Medical Foundation’s bank ( KRW 103,168,476, and KRW 200,000 to repay the remainder of the loans of the Defendant Medical Foundation, which the Plaintiff agreed to accept).

The non-party bank cancelled the registration of the establishment of the mortgage on the instant real estate due to the waiver of part of the same day.

C. On September 5, 2014, the Plaintiff paid 150,000,000 won remaining after deducting the loan obligation of 103,168,476 won and the obligation of 100,000,000 won for the refund of pharmacy lease deposit from Defendant Medical Foundation, and completed the registration of ownership transfer in the name of the Plaintiff.

On the other hand, the plaintiff is granted a loan of KRW 590,00,000 to the real estate of this case from the Dispute Resolution Council for the same day.

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