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(영문) 대전지방법원천안지원 2016.10.25 2015가단110481
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 54,00,000 and the interest rate of KRW 12% per annum from August 31, 2011 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) between Defendant B and Defendant B on December 28, 2010, and Defendant B and the agreement between Defendant B and the Plaintiff on November 2002, which stipulates that the Plaintiff shall determine as KRW 60,000,000 the total amount of the loan made from the Plaintiff on and around February 201, and the amount of the interest paid from the loan made from the Plaintiff on and around February 201, and the amount of the remainder that remains after deducting the amount of the payment made on and after partial repayment from the interest made at the beginning of 2006, and shall be repaid until March 31, 201, and shall be repaid with 12% interest per annum until repayment is made (hereinafter “instant agreement”).

2) Defendant B paid to the Plaintiff KRW 2,00,000,000 on March 14, 201, which was after the date of drafting the instant agreement, and KRW 4,00,00,00 on August 30, 201.

B. Around July 27, 2011, Defendant B’s husband and wife (including Defendant B, and Defendant B, and four children, including Defendant B, jointly inherited the network D’s property. On July 27, 2011, the aforementioned inheritors entered the agreement on division of the inherited property (hereinafter “each of the instant real property”) with the content that Defendant C’s sole ownership of each of the instant real property as indicated in the separate sheet (hereinafter “instant separate agreement”). Accordingly, on each of the instant real property, the registration of transfer of each of the instant real property was completed on February 13, 201 by the Daejeon District Court Hongsung Branch Branch Branch Branch of the Daejeon District Court on February 13, 2013.

C. At the time of the instant division consultation, Defendant B owned 2,608 square meters in addition to the property inherited from the network D at the time of the instant division consultation, but the market price of the said land was KRW 28,427,00,00, while the maximum debt amount of the right to collateral security established on the said land was KRW 150,000,000, the maximum debt amount of the right to collateral security established on the said land exceeded the Plaintiff’s obligations except for the Plaintiff’s obligations.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including those with a serial number), each fact inquiry results against the Minister of Land, Infrastructure and Transport, Sungnam market, and Hongsung Gun, the purport of the whole pleadings as a whole.

2. Determination on the cause of the claim

A. Defendant B.

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