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(영문) 서울중앙지방법원 2016.05.03 2015가합515436
대여금
Text

1. Defendant C’s KRW 315,000,000 and its amount are 9.6% per annum from February 25, 2014 to March 16, 2015.

Reasons

1. Facts of recognition;

A. Defendant C (B prior to the opening of name) borrowed money from the Plaintiff on April 24, 2003, KRW 30 million, and KRW 100 million on September 19, 2003, Defendant C borrowed money from the Plaintiff and paid interest thereon on several occasions from around 2003 to 2014, while making financial transactions with the Plaintiff.

The contractual interest rate between the Plaintiff and the Defendant was 1% per month, and from September 2012 to 0.8% per month, and Defendant C paid interest until February 24, 2014.

B. Defendant B (Defendant C’s husband) that around 2012, the Plaintiff borrowed KRW 20 million from the Plaintiff on May 29, 2012, and KRW 20 million on August 20, 2012 as 1% per interest month, respectively, from the Plaintiff around 2012.

(2) On April 23, 2014, the Plaintiff borrowed KRW 15 million from the Plaintiff at the interest rate of 0.8% per month (hereinafter “each of the instant loans”). The Defendant B’s each of the instant loans was written (hereinafter “each of the instant loans”).

(2) On May 21, 2014, Defendant C prepared a written confirmation of Defendant B’s name (Evidence A No. 1-1) and issued it to the Plaintiff with the following content:

(hereinafter referred to as “instant confirmation”). Defendant B borrowed KRW 300 million from the Plaintiff at a monthly rate of 0.8% from September 2012 to deposit KRW 2,400,000 per month with the Plaintiff’s passbook from February 24, 2014.

From March of 14, I did not pay interest.

As Defendant B’s cash situation is not smooth, the Plaintiff agreed to deduct and recover the Plaintiff’s loan amount of KRW 315 million ( KRW 300 million) from the Plaintiff’s loan amount of KRW 110 million ( KRW 100 million) and E from the loan amount of KRW 100 million ( KRW 100 million) from the Plaintiff’s loan amount until the end of each year.

The amount of the right to collateral security shall be released from full payment.

C. On April 18, 2014, the establishment registration of the mortgage of this case was completed on F land and above ground owned by Defendant B, Defendant B, Defendant B, the maximum debt amount of KRW 360,000,000, and the establishment registration of the mortgage of this case, the Plaintiff as the mortgagee of the right to collateral security.

b.0.0 c.

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