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(영문) 대구지방법원상주지원 2015.07.08 2014가단4193
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 20% per annum from November 29, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On April 2, 2004, the Defendant drawn up a loan certificate against the Plaintiff (hereinafter “the instant loan certificate”) with the following content as the Plaintiff.

A loan shall be borrowed on the condition that no interest shall be paid at all in borrowing the above amount of KRW 25 million, and the date of repayment shall be paid at the time of normal sale of C Forest land 5,662 square meters at the time of residence under the Defendant’s ownership.

On April 2, 2004, the above borrower

B. After drawing up the loan certificate of this case, the Defendant’s land purchase and sale 1) After drawing up the loan certificate of this case, the Defendant’s land purchase and sale Dol (hereinafter “D”) is deemed as having been resident

(2) On November 29, 2012, the Defendant sold C, E, and I, to M, on November 2, 2012, M, G, and H, respectively, on November 5, 2012, the land category and area of E for convenience was omitted. The same is also applicable to the following: (a) on November 29, 2012, the Defendant sold C, after division, to K; (b) on November 2, 2012, to M, G, and H, respectively; and (c) on November 5, 2014, the ownership transfer registration was completed thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, the result of the party principal examination against the plaintiff, the purport of the whole pleadings

2. The assertion and judgment

A. The loan certificate of this case written by the Defendant to the Plaintiff stated that the Defendant would pay KRW 25 million to the Plaintiff if the Defendant sold the land owned by the Defendant to the Plaintiff. Since the fact that the Defendant sold the land owned by the Defendant to K, L, M, and N and completed the registration of transfer of ownership, barring any special circumstance, the Defendant is obligated to pay the Plaintiff damages for delay at a rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 29, 2014 to the date of full payment, as agreed in the loan certificate of this case, to the Plaintiff, as the Plaintiff seeks.

B. The defendant's assertion 1) The defendant's assertion is invalid.

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