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(영문) 서울중앙지방법원 2015.10.15 2013가합537241
대여금
Text

1. Defendant B’s KRW 450,000,000, and 18% per annum from April 26, 2013 to March 14, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On October 31, 2012, Defendant C, D, Nonparty E, and F shared a building of 187 square meters in Seocho-gu Seoul Metropolitan City G Site and its ground, Defendant C, D, E, and F reconstructed reconstructed the above ground building and reconstructed the five-story urban residential housing and neighborhood living facilities (hereinafter “instant building”). Of them, Defendant C’s share in 7/9 and Defendant D’s share in 2/9 shares, respectively.

B. Defendant B and H, while operating the I Licensed Real Estate Agent Office, delegated the authority to reconstruct and sell the instant building by Defendant C and D, and concluded a contract with Nonparty J on September 15, 2012 to sell Nonparty J-301 of the instant building at KRW 365,440,000.

C. On November 4, 2012, Defendant B and H urged the Plaintiff to the effect that “When they reselled 501,00,000 won after purchasing the Seocho-gu KS 501.” If the balance to be purchased is insufficient, Defendant B and H loaned 350,000,000 won for the remainder of 350,000,000 won due to the shortage of the balance to be purchased, they would immediately resell the loan immediately after purchasing it until December 7, 2012, and offer 18,000,000 won for the interest and 350,000,000 won for the principal until December 7, 2012.” As security, the Plaintiff enticed the Plaintiff on November 6, 2012, the Plaintiff lent 350,000,000 won to Defendant B and H as the maturity date for payment on December 7, 2012.

On December 23, 2012, Defendant B: (a) paid to the Plaintiff KRW 100,000,000 by December 25, 2012 to the effect that “on lending KRW 100,000,000,000 to the Plaintiff, Defendant B would make it difficult for the Plaintiff to pay the loan due to bad credit standing unless he/she has repaid the bank liabilities and credit arrears; and (b) H would pay KRW 100,00,000 to the Plaintiff on December 24, 2012 by December 25, 2013.

“The Plaintiff, by drawing up a loan certificate to the effect that “,” had the Plaintiff reappointed, and on December 24, 2012, the Plaintiff determined and lent KRW 100,000,000 to Defendant B and H as the due date for payment on March 25, 2013 and the interest rate on KRW 1.5% (=18% per annum).

E. Defendant B and H failed to repay KRW 450,00,000 by March 25, 2013, the Plaintiff and the Defendant.

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