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(영문) 부산지방법원동부지원 2016.08.31 2016가단3388
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 24,00,000 won and the interest rate of 15% per annum from February 25, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff: (a) lent 10,000,000 won to the Defendants on December 31, 2008 at maturity on December 31, 2009, at interest rate of 18% per annum, and at interest rate of 40% per annum (hereinafter “debted on December 31, 2008”); and (b) No. 12,000,000 won per certificate of No. 1-2 (Evidence) on May 15, 2012, the Plaintiff stated the loan amount of KRW 17,00,000 as the loan amount; (c) however, as in the legal brief dated April 14, 2016, the Plaintiff himself was the principal of the loan amount of KRW 1,200,000 per annum; and (d) the repayment period of the loan amount of KRW 200,000 per annum on December 15, 2009; and (e) the loan amount of KRW 20135% per annum.25.

On the other hand, on February 1, 1993, the Plaintiff entered into a lease agreement with the Defendants on the condition that the underground part of the building D located in Busan-gu, Busan-gu, which was owned by the Plaintiff, should be leased to the Defendants KRW 7,000,000, monthly rent of KRW 450,000.

(hereinafter “instant lease agreement”). C.

The instant lease agreement continued to be renewed and maintained around July 2014, and the Defendants began to delay from August 201 to August 4.

On the other hand, on March 22, 2013, the Plaintiff concluded a mortgage contract with the maximum debt amount of 40,000,000 won for the F apartment Nos. 102, 105 (hereinafter “the instant real estate”) owned by the Defendant, in order to secure the instant loan claim against the Defendants and the instant lease contract’ overdue loan claim, and the instant lease contract’s overdue loan claim against the Defendants. On the 27th of the same month, the Plaintiff concluded a mortgage contract with the Busan District Court Branch of Busan District Court, the Busan District Court received 14487.

E. On October 29, 2014, the Plaintiff received dividends of KRW 26,917,837 from the auction procedure for the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 2-4, and Gap evidence 3 are written and arguments.

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