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(영문) 부산지방법원 2016.04.28 2014가합16770
대여금
Text

1. As to KRW 693,795,849 and KRW 10,00,00 among the Plaintiff, Defendant B shall be from August 7, 2014 to January 21, 2015.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff agreed to pay KRW 560 million to Defendant B, including the principal and interest of the above loan, until the completion of the construction of the above apartment complex (pre-determined on September 30, 2005) on August 25, 2002, November 21, 2002, and March 31, 2004, respectively, with respect to the new apartment construction project conducted in Kimhae-si, Inc., Ltd., the Plaintiff agreed to pay the Plaintiff KRW 560 million, including the principal and interest of the loan. Defendant C guaranteed the above debt of Defendant B.

However, Defendant B failed to repay the above obligation until September 2005, the agreed due date.

3) On December 16, 2006, Defendant B agreed to pay to the Plaintiff KRW 600,000,000, including interest on the principal and interest of the loan, and on December 31, 2007 and April 5, 2008, Defendant B agreed to confirm that the Plaintiff had the above principal and interest of the loan amount of KRW 60,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

(2) Defendant C also guaranteed Defendant B’s obligation under the agreement on December 16, 2006 and December 31, 2007, and Defendant B failed to repay the said obligation to the Plaintiff even thereafter. Meanwhile, Defendant C also agreed that: (a) on September 14, 2007, where the registration of ownership preservation was made on the same day with respect to Kimhae-si E apartment Nos. 101, 1201, and 1504 (hereinafter “instant apartment”); (b) on June 7, 2008, the registration of ownership transfer was made in the Plaintiff’s name on the same day on the same day; and (c) the Plaintiff and Defendant B agreed to settle KRW 52,500,000 according to the transfer of the instant apartment to the Plaintiff.

[2] On April 5, 2008, at the top of the certificate of borrowings issued on June 7, 08, the Plaintiff and Defendant B stated as follows: “The Plaintiff received KRW 17.5 million from the completion of construction; KRW 17.5 million from the loan of KRW 1504; KRW 96.6 million from the loan of KRW 1504; or KRW 40 million (or KRW 30 million); and KRW 35 million from the return of KRW 35 million from the loan of KRW 1505, Aug. 5, 2014.”

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