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(영문) 서울동부지방법원 2016.05.24 2014가합108377
대여금
Text

1. The Defendants: (a) KRW 120,000,000 for each Plaintiff and 5% per annum from April 21, 2012 to October 10, 2014.

Reasons

1. Facts of recognition;

A. D 20 million won on February 2, 2009 and the same month to Defendant B

3. A sum of KRW 100 million was lent as interest at a rate equivalent to the bank loan interest.

B. On February 3, 2009, Defendant B made a collateral security of KRW 300 million on the debtor E, mortgagee D, and maximum debt amount on the part of the debtor, the mortgagee D, and the maximum debt amount on the part of the non-party E, the amount of which is 149 square meters prior to the ASEAN-si

C. Defendant B’s loans to financial institutions on April 19, 2012.

When cancelling the right to collateral security, Defendant B’s repayment of KRW 180 million out of the loans to Defendant B with financial institutions, and the remainder of KRW 120 million shall be paid in installments six times from the end of May 2012 to six times, and if so, the payment may be made in installments from the end of May 2012, Defendant C’s business in the name of Defendant C, which is offered as security, may be arbitrarily disposed of and delivered to the Plaintiff. Defendant C guaranteed Defendant B’s obligation by signing and sealing each of the instant notes as the guarantor.

On April 20, 2012, Defendant B repaid KRW 180 million out of the borrowed amount to D. On April 20, 2012, Defendant C completed the registration of the establishment of a mortgage over KRW 100 million on April 23, 2012, the debtor C, mortgagee D, the maximum debt amount of KRW 120 million on the Gyeonggi-gu G, Gyeonggi-do, which was owned by himself.

E. D transferred the loan claims to the Defendants to the Plaintiff and notified the Defendants thereof.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 (including each number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, Defendant C, who guaranteed the obligation of borrowed funds by Defendant B and Defendant B, has the interest and interest paid by the Defendant within the scope of the agreed rate from April 21, 2012 to October 10, 2014, which is the day following the date of the final payment, to the Plaintiff, the assignee of the claim, as the transferee of the claim, with the balance of KRW 120 million, and the day following the day of the final payment.

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