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(영문) 서울북부지방법원 2020.11.24 2018가단21040
대여금
Text

1. Defendant B’s KRW 6,66,667 as well as the Plaintiff’s KRW 24% per annum from July 1, 2015 to May 8, 2019.

Reasons

1. Basic facts

A. Defendants B and C are legally married, and Defendant D is both the mother of Defendant C and the mother of Defendant B.

Article 1. The obligee A (Plaintiff) borrowed and retained this billion won on June 15, 2007.

The loan period shall be set from June 15, 2007 to October 15, 2007, and if the debtor does not pay interest, the loan period may be extended with the consent of creditors until December 15, 2007, which is two months, if the debtor does not pay interest.

Article 2. The interest on the loan shall be set at three installments per month within 66% per annum as stipulated by the Credit Business Act, and if the debtor fails to pay the loan in excess of the due date for the payment of the interest, the debtor shall pay 0,000 won per day as overdue interest to the creditor, and the interest on the loan shall be paid in principle to the bank account, but it shall be paid in person according to the circumstances.

B. Around June 15, 2007, the Plaintiff and the Defendants jointly and severally liable and the agreement on the loan transaction loan agreement (hereinafter “the loan certificate of this case”) was prepared on June 15, 2007 with the following contents, etc. Around June 15, 2007, the loan certificate of this case is signed and sealed in the name of the Defendants.

C. In addition, around June 15, 2007, with respect to the above F apartment G and the above F apartment H owned by Defendant B and C, including Seoul Gangnam-gu, and the joint ownership of Defendant D, a contract for establishing a right to collateral security (hereinafter “instant contract for establishing a right to collateral security”) was prepared on June 15, 2007, which was signed and sealed in the name of the Plaintiff and the Defendants.

On June 15, 2007, the above F apartment G and the above F apartment H (hereinafter referred to as the "each apartment of this case") were jointly secured with respect to each apartment of this case as joint collateral, each of the apartment of this case was set up as KRW 300 million based on the debtor, the Defendants, the creditors, and the maximum debt amount.

1 Joint Issuer means Defendant D, B.

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