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(영문) 수원지방법원 안산지원 2021.01.15 2020가단60249
대여금
Text

1. The defendant's KRW 56,00,000 and about this, 5% per annum from January 14, 2020 to January 15, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, upon the Defendant’s request, jointly purchased the said woodland in an optional auction procedure with regard to C/C forest 7,140 square meters (hereinafter “the instant forest”) in Incheon Strengthening-gun (hereinafter “the instant forest”), transferred KRW 10 million to D’s account, which is his/her father, on June 24, 2013; KRW 2 million on July 1, 2013; KRW 50 million on July 18, 2013; KRW 112 million on July 19, 2013; KRW 50 million (hereinafter “the instant loan”). Of that, the Plaintiff transferred KRW 6 million to the Defendant under the name of the auction price for the forest subject to adjudication; and KRW 56 million (hereinafter “the instant loan”).

B. On July 29, 2013, the Defendant was awarded a successful bid by 1/2 shares each in the name of the Plaintiff and D in the voluntary auction procedure of the instant forest.

(c)

On November 8, 2013, the Plaintiff and D completed the registration of the transfer of ownership on July 29, 2013 with respect to each of the instant 1/2 shares in the forest land.

(d)

On June 11, 2020, Nonparty E completed the registration of transfer of ownership due to the auction for partition of the forest land in this case.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 5 evidence, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, it is reasonable for the Defendant to dispute the existence or scope of the obligation of the Defendant from January 14, 2020, following the day of the delivery of the copy of the complaint of this case, on which the Defendant received a claim for the performance of the loan of this case from the Plaintiff as to the loan of this case 56 million won and the above loan.

As of January 15, 2021, which was the date the judgment was rendered, the Plaintiff is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment (the Plaintiff notified the Defendant of the repayment of the instant loan on July 2015). As such, the Plaintiff notified the Defendant of the repayment of the instant loan, it is related to the said loan from August 1, 2015.

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