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(영문) 전주지방법원 2015.08.25 2015가단2555
대여금
Text

1. The defendant is calculated by the ratio of 30,000,000 won to 25% per annum from September 4, 2013 to the day of complete payment.

Reasons

1. The Plaintiff loaned KRW 30,00,000 to the Defendant on July 4, 2013 at an interest rate of KRW 5% per month, and the due date of repayment on October 4, 2013 (hereinafter “the instant loan agreement”); and the Defendant paid only interest corresponding to two months and has not yet paid the interest and principal thereafter to the Plaintiff, the fact that there is no dispute between the parties or is recognized in full view of the purport of the entire pleadings in the statement in subparagraph 1.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 30,00,000 with the principal of the loan in this case and damages for delay calculated at the rate of 25% per annum from September 4, 2013 to the date of full payment, as claimed by the plaintiff.

2. First of all, the defendant's argument that the loan contract of this case was concluded by the plaintiff's deception and cannot be viewed as a normal loan. However, the above argument is rejected as there is no evidence to acknowledge the above argument.

Then, the Defendant agreed to transfer the land owned by the Defendant’s wife to the Plaintiff in the event that the Defendant is unable to repay the instant loan within the due date. As such, the Plaintiff’s claim of this case was unlawful. In full view of the purport of the entire pleadings, the Defendant, at the time of the loan agreement, failed to repay the loan within the due date, pursuant to the entire purport of the pleadings, the Defendant agreed to transfer 1/2 of the co-ownership shares owned by Nonparty E, which are owned by the Defendant’s wife, to the Plaintiff, out of the “245 square meters, 443 square meters, etc. before the due date of the loan agreement of this case, the Special Self-Governing Province Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City City City Special Metropolitan City Special Metropolitan City Mayor, but the above agreement was concluded as a promise for payment in kind

or the instant case.

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