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(영문) 창원지방법원 2017.04.12 2016나57349
대여금
Text

1. Revocation of the first instance judgment.

The defendant shall pay to the plaintiff KRW 200,000,000 and shall be repaid to the plaintiff from June 18, 2013.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is working for a long period of time as the Nonghyup employee.

The defendant retired from office, and C, who was the defendant, became aware of the plaintiff while doing business with agricultural cooperatives.

C was engaged in the building business and provided with physical security several times and borrowed money from the plaintiff.

B. Around October 2012, around KRW 200 million, C requested a loan of KRW 200 million to the Plaintiff as a result of insufficient funds when the building was constructed in Kimhae-si. Although the Plaintiff demanded physical security, C’s construction of new building was demanded to provide security at that time. However, at the time of the lease, the Plaintiff demanded the Plaintiff to provide security at that time. However, C requested the Defendant, who is the birthee, to set up a right to collateral security in the name of the Plaintiff with the maximum amount of debt KRW 200 million in the building owned by the Defendant.

3) Accordingly, on October 16, 2012, the Defendant completed the registration of creation of a mortgage between the debtor, the maximum debt amount of 200 million won, and the Plaintiff as a mortgagee on the land and its ground building owned by the Defendant, Kimhae-si, Kim Jong-si, and the Plaintiff. On October 17, 2012, the following day, the Plaintiff: (a) KRW 200 million (hereinafter “instant loan or the instant loan”).

C) The Plaintiff wired the loan certificate to the Defendant on October 17, 2012, stating the amount of KRW 200,000 and KRW 200,000 per month interest (hereinafter “the loan certificate of this case”);

He stated the amount and interest rate in the paper printed with Gap evidence 1, the pre-printed letter, and the time of payment and interest payment, and the creditor did not state it.

(D) The Plaintiff was drafted and delivered with the instant loan. The circumstances after the instant loan were 1) The Plaintiff received interest from C from the Plaintiff to June 17, 2013 after the instant loan.

Even after the Plaintiff was not paid interest, the Plaintiff did not request the Defendant to pay interest.

2C is composed of three floors of reinforced concrete structure slive roof, detached houses and Class 2.

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