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(영문) 수원지방법원 2015.04.02 2014가단511421
대여금
Text

1. Defendant A shall pay 70,000,000 won to the Plaintiff and 20% per annum from August 15, 2014 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 4 through 7 (including serial numbers) as to the loan claims against defendant A, defendant A may recognize the fact that he borrowed KRW 87 million from the plaintiff from August 12, 201 to March 10, 201, and repaid KRW 17 million among them, and failed to repay the remainder of KRW 70 million.

Therefore, Defendant A is obligated to pay to the Plaintiff the amount of KRW 70 million and damages for delay calculated at the rate of 20% per annum from August 15, 2014 to the day of full payment, which is the day following the delivery of the complaint.

2. Determination as to the revocation of fraudulent act against Defendant B and the claim for restitution

A. On January 14, 2014, Defendant A concluded a sales contract with Defendant B on the real estate indicated in the separate sheet (hereinafter “instant real estate”) and completed the registration of transfer of ownership under the name of Defendant B on the same day while the Plaintiff’s assertion that he/she exceeded his/her obligation, and thus, Defendant B should be revoked by constituting a fraudulent act, and the said registration of transfer of ownership should be revoked by reinstatement.

B. (1) On January 14, 2014, Defendant A entered into a sales contract with Defendant B with respect to the instant real estate at KRW 330 million (hereinafter “instant sales contract”) and completed the registration of transfer of ownership in the name of Defendant B as Suwon District Court receipt No. 6566, Jan. 14, 2014.

On the other hand, on August 23, 2010, prior to the conclusion of the instant sales contract, Defendant A leased the instant real estate in KRW 110 million to C, and C paid the said deposit on October 16, 2010 and made a move-in report to the domicile of the instant real estate on November 30, 2010, and obtained the same fixed date.

In addition, the Industrial Bank of Korea has extended a loan of KRW 190 million to Defendant A, and on November 23, 2010, the maximum debt amount of the instant real estate as security for the said loan.

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