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(영문) 수원지방법원 2019.12.12 2018나91476
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 2009, the Plaintiff lent KRW 150,000 to the Defendant as a credit service provider, and the Plaintiff lent it to F by setting it as 2% per interest month. Of the above interest, 1% per month was agreed that the Plaintiff would have divided the remainder of 1% per month into the Defendant (hereinafter “instant agreement”), and thereafter, the Plaintiff paid KRW 150,000,000 to the Defendant (hereinafter “instant loan”).

B. After receiving KRW 150,000,000 from the Plaintiff, the Defendant determined that F would return KRW 150,000,000 (hereinafter “instant secondary loan”) more than six months after adding the interest rate of KRW 2% per month to the sum of KRW 30,000,000 on October 26, 2009, and KRW 120,000 on October 29, 2009.

In order to secure the above loan, on October 27, 2009, the establishment registration of the mortgage was completed on the 25 land located in Gyeonggi-gun, the FF, the mortgagee, the plaintiff, the defendant, and the maximum debt amount of KRW 300 million, respectively. On the same day, with respect to the two land located in the J of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the F, the establishment registration of the mortgage of KRW 300 million was completed each on the same day by each debtor, F, the mortgagee, the plaintiff, the defendant, and the maximum debt amount of KRW 300 million (hereinafter “the establishment registration of the mortgage of this case”).

C. Since then, the Defendant remitted total of KRW 32,50,000 to the Plaintiff from November 30, 2009 to December 7, 2012, as shown in Appendix 1.

Based on the instant right to collateral security, the auction procedure was initiated with respect to two parcels of land located in Hongcheon-gun, Hongcheon-gun and three parcels of land located in K in Seocheon-gun, Suwoncheon-gun. On July 29, 2014, the Plaintiff received KRW 44,146,82, and the Defendant received KRW 20,000,000, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment on the plaintiff's primary claim

A. We examine the cause of the claim to the Defendant, and the Plaintiff around October 2009, around 150,000.

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