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Reasons
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(영문) 서울중앙지방법원 2015.11.25 2014가단236654
대여금
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1. The defendant shall pay to the plaintiff KRW 31,451,586 and KRW 31,417,936 among them, from September 23, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. At the time, the Defendant decided to purchase a middle- and high-speed excavationer Co., Ltd. (hereinafter “instant excavationer”) owned B, and at the time, the mortgage (the debtor B, the bond price of KRW 48.5 million; hereinafter “instant mortgage”) was set up on the instant excavationer.

B. On July 16, 2013, the Defendant agreed to equally repay the principal and interest of the loan for 39.1 million won by setting the interest rate of 10.9% per annum and the interest rate of 25% per annum.

(hereinafter “instant loan agreement”). C.

On July 16, 2013, the Plaintiff transferred KRW 39.1 million from the instant loan contract to the account of E (mutual F) that arranged the said loan contract, and on the same day, transferred KRW 35,513,947 from the account of E to one capital.

On July 26, 2013, the registration of transfer of ownership was completed under the name of the Defendant, and on August 14, 2013, a mortgage was established on the ground that the Defendant, the mortgagee, the Plaintiff, and the bond value 39.1 million won was cancelled on August 19, 2013.

E. From August 26, 2013, the Defendant paid an installment under the instant loan agreement to the Plaintiff from August 26, 2013, but refused to pay the installment on July 2014 on the ground that the instant loan was not paid to the Plaintiff, and received a judgment of the lower court against the Plaintiff on September 16, 2014 by filing a lawsuit for damages against the Plaintiff.

[The loan balance of this case as of September 22, 2014 is KRW 31,417,936, and overdue interest is KRW 213,650,650.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 and 16 evidence, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant’s total sum of KRW 31,631,586 =31,417,936, barring any special circumstance, shall be the Plaintiff.

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