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(영문) 서울남부지방법원 2016.05.12 2015가합6372
대여금 등
Text

1. The Defendant’s KRW 300,000,000 as well as 5% per annum from August 25, 2015 to May 12, 2016 to the Plaintiff.

Reasons

Basic Facts

The plaintiff was the actual owner of the forest land C (hereinafter "the forest land in this case"). The defendant was the company with the purpose of housing site development and housing site development business, and E is the representative director of the company in this case.

On January 17, 2005, with respect to the forest of this case where the creation of a collateral security right and the repayment of the secured obligation with respect to the forest of this case, the establishment of a collateral security right was completed on the part of the obligor E, the maximum debt amount of KRW 100 million, and the establishment of a collateral security right-holder F. On June 2006, the Plaintiff paid 100 million to F and withdrawn the above application for auction on January 4, 2007.

After February 21, 2007, the transfer registration of ownership in the name of G Co., Ltd. was completed with respect to the forest above.

On November 4, 2009, the Plaintiff and E drafted a notarial deed of a monetary loan agreement between the Plaintiff and E (hereinafter “notarial deed of this case”) stating that “E borrows KRW 150 million from the Plaintiff, and pays KRW 45 million until January 30, 2010, and KRW 1.5 million until March 30, 2010.”

Pursuant to the Statement of Repayment between the Plaintiff and the Defendant: (i) the borrowed principal: KRW 150 million; (ii) the total amount of KRW 150 million: KRW 300 million; (iii) the consolation benefits for the process of promoting the H Area Housing Association; (iv) 200 million; (v) the total amount of KRW 500 million; and (v) the amount of KRW 500 million, after the establishment of the H Area Housing Association, will be paid out of the amount of KRW 1 and 2 received by proxy after the establishment of the H Area Housing Association.

On November 12, 2013, the Defendant prepared and delivered to the Plaintiff a written undertaking of repayment (hereinafter “instant undertaking”) with the following content.

After concluding an additional monetary loan agreement, E additionally borrowed KRW 9 million from the Plaintiff on December 3, 2013, KRW 4 million on January 2, 2014, KRW 3 million on January 15, 2014, KRW 3 million on February 14, 2014, KRW 3 million on May 15, 2014, and KRW 1.5 million on May 15, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 undertaking to repay, and

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