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(영문) 대구지방법원안동지원 2016.05.18 2015가단3815
대여금
Text

1. Defendant C shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from February 6, 2016 to the date of full payment.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. On February 17, 2012, the Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 20 million to the Defendants; and (b) the Defendants agreed to return KRW 25 million including profits after the completion of the construction of the Defendant C’s building.

However, inasmuch as the construction of the above building by Defendant C was completed, Defendant B is jointly and severally liable with Defendant C to pay KRW 25 million to the Plaintiff.

B. Comprehensively taking account of the purport of the entire pleadings in the written evidence Nos. 1 and 2, the Plaintiff transferred KRW 20 million to Defendant B on February 17, 2012, and the Plaintiff and Defendant B set up a joint collateral security right as to D large scale 352 square meters and its ground buildings (hereinafter “instant real estate”) owned by the Defendant C around February 17, 2012, on the joint name as to the instant real estate, and at the time of termination of the collateral security, the Plaintiff agreed to recover KRW 25 million to the Plaintiff at the time of termination of the collateral security (hereinafter “instant agreement”).

However, in light of the following circumstances, which are acknowledged as comprehensively considering the purport of the entire pleadings in each statement in the evidence Nos. 1 through 5 of this case, the Plaintiff lent or invested KRW 20 million to Defendant B solely based on the above remittance and the instant agreement.

In addition, it is insufficient to view that Defendant B agreed to return KRW 25 million to the Plaintiff on an unconditional basis at the time of completion of Defendant C’s building construction, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

① On February 17, 2012, the Plaintiff and the Defendant agreed to invest KRW 40 million in E, F, and Defendant C. Accordingly, Defendant B transferred the said KRW 20 million paid from the Plaintiff to Defendant C on February 17, 2012.

② On February 20, 2012, the Plaintiff and Defendant B obtained on February 20, 2012 the establishment registration of a mortgage on the instant real property from Defendant C, with the maximum debt amount of KRW 45 million, the Plaintiff and Defendant B, and Defendant C.

③ In light of the above circumstances, ① and ②, the instant agreement is between the Plaintiff and Defendant B.

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