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(영문) 수원지방법원 성남지원 2018.10.19 2018가합401102
대여금
Text

1. The Defendant’s KRW 340,000,000 and the Plaintiff’s annual rate of 11% from May 7, 2010 to August 7, 2017.

Reasons

1. Facts of recognition;

A. On August 6, 2009, the Plaintiff borrowed KRW 340,000,000 at annual interest rate of 11% from a promotion mutual savings bank (hereinafter “promotion mutual savings bank”) and leased KRW 340,000,000 to the Defendant by means of transferring the remainder of the above amount, excluding certain fees, to the account in the name of C designated by the Defendant (hereinafter “instant loan”).

At the time of the above lease, the Defendant agreed with the Plaintiff that the above loan was repaid within one year, and all interest holders for the promotion mutual savings bank accrued up to that time were borne by the Defendant. As to the fourth floor, the promotion mutual savings bank in Seocho-gu, Seoul and the fourth apartment house located outside Seocho-gu, Seoul, a company operated by the Defendant, was the mortgagee, and the obligor was the Plaintiff, and set up a collateral security with the maximum debt amount of 442,00,000.

B. On July 2, 2010, the Defendant created a joint mortgage on the part of the Plaintiff as the Plaintiff, and as the maximum debt amount, KRW 624,000,00 on the entire share of the real estate in Daegu-gu, Daegu-gu, Seoul-gu, and KRW 208.7m2, and KRW 43m2 in Daegu-gu, Daegu-gu, and KRW 522.1m2 in Daegu-gu, and KRW 522.1m2 in order to secure the obligation of the instant loan to the Plaintiff.

C. The Defendant did not pay at all the principal of the loan until the date of the closing of argument, and paid only 11% loan interest accrued from May 6, 2010 after the loan, and thereafter the Plaintiff did not pay at all the interest rate until the date of closing of argument.

[Ground of recognition] The fact that there has been no dispute, entry of Gap's 1 through 5 (including virtual numbers, hereinafter the same shall apply) and the purport of whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of claim, the defendant, barring special circumstances, shall make the plaintiff a copy of the complaint of this case from May 7, 2010, which is the next day from the date of the last payment of the loan interest and the above loan interest amounting to KRW 340,00,000.

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