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(영문) 창원지방법원진주지원 2017.08.24 2016가합663
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 400,000,000, and as to the above:

A. Defendant C is from October 1, 2014 to January 1, 2017.

Reasons

1. Basic facts

A. Defendant C decided to newly construct fences on the ground of each of the lands D, E, F, and G through Defendant B, who was living together with the construction company by concluding a construction contract with the construction company and the construction company, and entrusted H with part of the said construction work on or around February 2013. In the process, Defendant B loaned KRW 400 million from the Plaintiff, who was the leakage of H, known as the introduction of H, and paid part of the construction cost to H as the construction cost, but H used part of the said construction cost for any other purpose, and filed a complaint against H for embezzlement, etc.

B. On May 14, 2013, Defendant B prepared a loan certificate (hereinafter referred to as “loan certificate”) with the terms and conditions of repayment of KRW 400 million from the Plaintiff on May 13, 2014 and 36% of the interest per annum (the 14th day of each month of the payment date), and subsequently, on September 15, 2014, Defendant B drafted a letter of commitment to pay the Plaintiff a sum of KRW 500 million (the principal KRW 400 million interest per annum) with the repayment of the principal and interest on the said loan, and on September 15, 2014, partially of the principal amount, written an agreement to pay the loan and sale price after completion of the building or the purchase price of the I land at the time of the Plaintiff’s presentation as owned by Defendant C (hereinafter referred to as the “certificate”).

C. Defendant C is against the Plaintiff of Defendant B.

On May 14, 2013, in the sense of securing the loan obligation as stated in the paragraph, the provisional registration of the right to claim ownership transfer was completed with respect to 6,790 square meters of I forest land and 6,790 square meters in the Plaintiff at the time of the Defendant C’s possession. Thereafter, on November 3, 2014, a notarial deed was prepared with the purport that the Plaintiff will pay KRW 500 million including the principal amount of KRW 400 million and the interest amount of KRW 100 million (hereinafter “notarial deed”). On October 31, 2014, prior to the preparation of the said notarial deed, Defendant C prepared another notarial deed with the purport that Defendant C would pay the Plaintiff the sum of KRW 400 million and the profit amount of KRW 100 million in the Plaintiff.

(A) No. 2. The main contents are as follows:

Plaintiff C and Defendant C.

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