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(영문) 수원지방법원 여주지원 2018.04.25 2017가합6077
대여금
Text

1. As to KRW 222,325,541 among the Plaintiff and KRW 287,831,00,000 among the Plaintiff, the Defendant shall be annually from March 3, 2018 to April 25, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant made an investment of KRW 337,831,00 in each of 337,831,00 and jointly purchased 1,719 square meters, etc. (hereinafter “instant land”). During that process, the Plaintiff leased KRW 82,597,345 to the Defendant on May 25, 2009, KRW 51,60,000 on December 1, 2009, KRW 141,200,000 on December 141, 2010, KRW 609,593, KRW 593 on December 25, 201, KRW 16,428,210 on December 31, 2012, KRW 13,45,637,00 on December 13, 2013, KRW 37,315,97,3137,97, etc. of the instant land”).

B. On March 2, 2015, the Plaintiff entered into an agreement with the Defendant to conclude a joint purchase agreement on the instant land and to arrange the legal relationship thereof (hereinafter “instant agreement”). Accordingly, on March 2, 2015, the Defendant entered into an additional loan certificate (hereinafter “the additional loan certificate of this case”) with the Plaintiff on March 2, 2015.

On March 2, 2015, the Plaintiff’s investment and the Defendant’s loan of this case are arranged as follows, and the joint purchase agreement on the land of this case is terminated.

1. The Plaintiff set up a right to collateral security against the Defendant’s loan amounting to KRW 337,831,00 (from May to January 13, 2009).

2. The Plaintiff renounced the said investment, and agreed to set up a mortgage on KRW 22,325,541 out of KRW 337,831,000 of the Plaintiff’s investment, and KRW 1, the Defendant issued additional loan certificates ( KRW 222,325,541 of the Plaintiff’s loan, KRW 222,325,541 of the loan, KRW 225,541 of the loan date: March 2, 2015), and the Plaintiff set up a mortgage.

② The Defendant shall pay 115,505,459 won to the Plaintiff.

22,325,541 Won 115,505,459 = 337,831,000 won

3. The defendant shall pay the above 37,831,00 won, and 222,325,541 won and 115,505,459 won in order.

Interest shall be agreed upon at the time of repayment.

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