(영문) 수원지방법원 2016.04.05 2015나20121

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(영문) 수원지방법원 2016.04.05 2015나20121

대여금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The loan of this case (hereinafter “the loan of this case”) shall be borrowed from the Plaintiff and the Plaintiff shall be repaid up to June 24, 2014 on the following terms:

1. Interest on the above amount shall be 1,500,000 won per month and shall be paid 24 days per month;

2. No objection shall be raised against any legal measure when the payment of interest is in arrears not less than twice.

3. The principal of the borrowed amount shall be repaid on June 24, 2014 and may be postponed after consultation with the debtor according to the circumstances of the debtor.

4. In order to secure the above loan, provisional registration is established in the first, 302 and 303 of the D Building No. 1, 303 (hereinafter “instant real estate”). A.

On June 24, 2013, the Defendant, on the part of the Defendant, entered the debtor as C, his wife, and his agent as the defendant, prepared the following loan certificates (hereinafter “the loan certificates of this case”).

B. Accordingly, around June 24, 2014, the Plaintiff transferred KRW 44,200,000 to the Defendant’s account, KRW 1,200,000 to E account, and KRW 1,60,000 to the Certified Judicial Scriveners F Office account, respectively.

C. On June 24, 2013, with respect to the instant real estate for which the registration of ownership transfer was completed in the name of C, the provisional registration of the right to claim ownership transfer based on the purchase and sale reservation was completed under the Plaintiff’s name, and the provisional registration of the right to claim ownership transfer based on the purchase and sale reservation was completed on July 24, 2013 with respect to No. 1 and No. 503 of the D building in the name of the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 4, Eul evidence 1 and 5 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant, not C, received the instant loan from the Defendant with the intent to lend the instant loan, and transferred KRW 44,200,000,000, which deducts prior interest, etc. from KRW 50,000,000, to the account under the name of the Defendant.

The loan certificate of this case is written by the defendant as C's agent.

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