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(영문) 광주지방법원 2015.04.29 2014나12283
대여금
Text

1. Revocation of a judgment of the first instance;

2. As to the Plaintiff, the Defendant’s KRW 195,179,889 and its KRW 85,269,889 among them, shall be deemed to have been paid by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Defendant is the land E, F, and G (hereinafter “each of the instant lands”) in the leisure city where the ownership transfer registration was made under his/her name on February 2, 2009.

(3) On February 4, 2009, the Plaintiff provided a loan to the Plaintiff with the maximum amount of KRW 196,00,000,000, with the interest rate of KRW 9.4% per annum, the interest rate of KRW 140,000 per annum, the interest rate of KRW 21% per annum, and the due date of repayment on February 4, 2013 (hereinafter “No. 1 loan”).

(2) On September 17, 2010, the maximum debt amount of the right to collateral security was changed to KRW 325,000,000. On September 20, 2010, the Defendant agreed that the interest rate of KRW 110,000 was 8.5% per annum, the rate for delayed damage was 18.5% per annum, and the due date was September 20, 2013 when the Defendant borrowed KRW 110,00,000 from the Plaintiff as collateral.

(3) Until November 12, 2013, after the due date for repayment of each of the above loans was due, KRW 85,269,889 out of the principal of the first loan, and KRW 109,910,000 out of the principal of the second loan was not repaid, and no damages for delay was paid after November 13, 2013 with respect to each of the above principal. [In the absence of any dispute over the grounds for recognition, 2,5,6,7 evidence, the purport of the entire pleadings, and the purport of the entire pleadings.]

B. According to the above facts, barring any special circumstance, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 21% per annum from November 13, 2013 to the date of full payment for KRW 18.5% per annum for KRW 195,179,889 ( KRW 109,910,000) and for KRW 85,269,889 among them, barring any special circumstance.

2. Judgment on the defendant's defense

A. 1) Each of the instant lands was purchased from H, and C asked the Defendant to grant a borrowed-name loan with the name of each of the instant lands and each of the instant lands as a person with bad credit standing. 2) The Defendant completed the registration of ownership transfer with respect to each of the instant lands in the name of the Defendant, and received the first and second loans as collateral.

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