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(영문) 인천지방법원 2019.04.25 2017가단8516
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 39 million with full payment from February 18, 2018.

Reasons

1. Basic facts

A. C on July 4, 2016, determined and lent to the Defendant a KRW 120 million due date on July 28, 2016.

The Defendant issued to C a certificate of loan (No. 1) and a certificate of promissory note (No. 2) stating the loan amount as KRW 300 million, and set up a pledge right to collateral security of KRW 300 million for the right to collateral security holding D and four parcels of land in Pyeongtaek-gun, Gyeonggi-do.

(hereinafter referred to as “instant loan claim”) b.

On July 28, 2016, the Defendant failed to repay the loan to C by July 28, 2016, and was at the place to enforce the pledge right to collateral security, requested E to transfer the loan claim of this case to a third party and to be exempted from execution.

C. E recommended the Plaintiff to have the claim transferred from C by investing a total of KRW 135 million in the acquisition amount of the claim and KRW 139 million in the brokerage commission for himself/herself and KRW 4 million in the transfer of the claim from the Defendant, while inducing the Plaintiff to have the claim transferred from C, by receiving payment of KRW 159 million in the month from the Defendant.

On July 28, 2016, the Plaintiff prepared a bond transfer and takeover contract (Evidence A No. 3) indicating that “the indication of bond to be transferred: KRW 300 million; KRW 300 million; KRW 300,000 received from the Defendant and all the above money in the authentic deed shall be transferred to the Plaintiff; and received the claim from C.

E. On July 28, 2016, the Defendant drafted a letter of payment (Evidence A5) stating that the Plaintiff shall return KRW 15 million to the Plaintiff by August 15, 2016, and that the Plaintiff shall pay in full the amount of KRW 144 million to the Plaintiff, other than the Plaintiff, by August 15, 2016.

In conformity with the amount of the loan certificate and the letter of payment, 159 million won is met.

F. On August 17, 2016, the Defendant paid KRW 120 million to the Plaintiff on August 17, 2016, and the loan certificate No. 7 stating that the remainder of KRW 39 million will be repaid immediately after the completion of the Defendant’s construction site.

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