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(영문) 서울중앙지방법원 2020.01.08 2019가합507419
대여금
Text

1. The defendant shall pay 13,769,975 won to the plaintiff jointly with C.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts (hereinafter “A” and “B” refer to the Plaintiff)

1. Eul shall lend KRW 80 million to Gap.

Provided, That KRW 3.4 billion shall be lent on September 2, 2013, and KRW 200 million shall be lent on September 2, 2013 after the collateral security was established on E, and on October 2013, the remainder of KRW 2.6 billion shall be lent on September 2013.

2. The contract term shall be one year after the B deposits;

The latter shall be extended by one month, and the contract may be terminated by notifying the Eul at least one month in advance, and the contract may be terminated by paying the corresponding amount, and the contract may be terminated by notifying the Eul at least three months in advance.

3. Security.

A. The content of the current common security is E: KRW 90 million, F and D: KRW 1 billion, G and H: 60 million.

B. A confirmed that there is no new loan from an I.D. upon repayment to the I.D.

(c) establish KRW 500 million on the collateral security to G and H;

E If the collateral security of the J bank of the first priority is set up in E, immediately set up 3.4 billion won on the same lot number of the second priority mortgage.

(e)be exchanged to F and D, and 5.4 billion won, if established, the collateral security shall be set up;

The collateral security of a claim shall be rescinded.

4.The interest shall be 12 per annum.

Provided, That overdue interest shall be 20% per annum.

interest shall be deposited on the second day of each month. A.

On August 31, 2013, the Plaintiff entered into a contract with C on the condition that C shall be leased KRW 800,000,000 from the Plaintiff in order to raise funds necessary for the business of newly building and selling an apartment on the ground, such as 571 square meters (hereinafter “instant land”).

The main contents are as follows:

B. The Plaintiff, C, and Defendant signed the instant loan agreement as follows.

K C L MOO A NP B

C. From September 2, 2013 to January 13, 2017, the Plaintiff leased C totaling KRW 1,655,900,000, including KRW 800,000 under the loan agreement of this case, on a 16-time basis, from September 2, 2013 to January 13, 2017. C is eight times from October 3, 2013 to January 21, 2016.

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