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(영문) 인천지방법원 2014.08.19 2013가단74270
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 20% per annum from December 4, 2013 to the date of complete payment.

Reasons

1. Basic facts

A. On April 30, 1997, the Plaintiff leased 150 million won interest to the Defendant and C on April 30, 1997, with the due date set on April 30, 1998 (hereinafter “instant loan”). On May 1, 1997, the Plaintiff obtained registration of the establishment of a neighboring maximum debt amount of KRW 180,000,000,000 from the Defendant and C with respect to the land D, 324 square meters, etc. jointly owned by the Defendant and C to secure the above loan claim (hereinafter “instant forest”).

B. (1) On November 198, 1998, the Defendant received a loan from the bank to repay the instant loan to the Plaintiff, and requested the cancellation of the registration of creation of a mortgage near the above area to request the Plaintiff to cancel the registration. As a result of the confirmation of the bank, the Defendant was given the answer that only 1.4 million won loans are available as security with respect to the instant forest and

(2) Accordingly, the Plaintiff and the Defendant cancelled the registration of the establishment of the above neighboring forest, etc.: (2) The Defendant obtained a loan of KRW 140 million from a bank as security to repay the Plaintiff KRW 110 million to the Plaintiff among them; and thereby, the principal of the instant loan is remaining 60 million; (3) the Plaintiff agreed to pay the interest on the bank loan with a credit loan of KRW 60 million from a bank.

(3) Accordingly, on November 9, 1998, the Plaintiff cancelled the registration of creation of a neighboring forest of this case. On the same day, the Defendant deposited KRW 110,836,356, including the cost of KRW 110,836,356,356, including the cost of KRW 110,000,000,000,000,000 won for the forest of this case, etc. at the port of a national bank, and 196,000,000 won for the forest of this case, etc. in the future at the port of a national bank.

(4) On November 10, 1998, the Plaintiff obtained a corporate ordinary working capital loan of KRW 60,000 from the port branch of the National Bank. The Defendant extended the above loans to the above bank from December 10, 1998 to November 9, 2007.

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