(영문) 서울북부지방법원 2018.05.11 2016가단123560

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(영문) 서울북부지방법원 2018.05.11 2016가단123560

대여금

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1. The Defendant shall pay 144,140,000 won to the Plaintiff and 20% per annum from December 21, 2013 to the date of full payment.

Reasons

1. On November 12, 2013, the Defendant, the representative of a law firm C, prepared a written contract to establish a mortgage (hereinafter “instant contract”) stating the following with the Plaintiff.

Amount of claim: 144,140,000 won

1. To secure interest on the above claim amount against the creditor (referring to the plaintiff) and other obligations that the debtor is to bear in the present or future against the creditor, set up a collateral of 14,140,000 won with respect to the maximum debt amount of 14,140,000 won for G-ho and 14 units, other than the 12 units of the F-dong reinforced concrete Building E, building No. 4 and 6 lots, owned by the debtor and the establisher, (hereinafter “instant apartment”). 2. The debtor shall repay this debt until December 20, 2013, and pay interest at the rate of 20% per annum after the due date of payment. [Grounds for recognition] The entry in the evidence No. 1, and the purport of the entire pleadings.

2. The parties' assertion

A. Plaintiff H had a claim against the Defendant in relation to the registration of the instant apartment. However, around November 2013, Plaintiff H transferred the said claim to the Plaintiff, a law firm C and its representative.

Accordingly, by preparing and delivering the contract of this case, the defendant did not withhold objection to the acquisition of the claim, and the plaintiff seek against the defendant the payment of KRW 144,140,00 and damages for delay.

B. The Defendant delegated the registration to Defendant C, and paid KRW 362,210,220 to C by February 2013 as the fee for the registration business. The Defendant did not have any claim to be transferred to H to the Plaintiff, and it cannot be said that the Defendant consented to the transfer of bonds for which the Defendant did not withhold an objection to the preparation of the instant contract.

The defendant borrowed a total of KRW 95,00,000 from I and J at the time of the preparation of the contract of this case, and all the above borrowed money to the law firm C account as a fee for the registration business.

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