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Reasons
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(영문) 부산지방법원 2018.06.20 2017가단5521
보증금반환 등
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1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 27.9% per annum from December 1, 2016 to the day of complete payment.

Reasons

1. Facts recognized;

A. On August 26, 2015, the Plaintiff loaned KRW 20,000,00 to D on August 26, 2015 at the maturity of payment on August 26, 2016 and at the rate of 30% per annum.

(hereinafter “instant loan”). (b) The instant loan

On November 13, 2014, the collection of D’s lease agreement on the instant building determined and leased from the Defendant the building indicated in the attached list (hereinafter “instant building”) at KRW 5,000,000, monthly rent of KRW 300,000.

After that, D was fully returned 5,000,000 won from the Defendant on December 7, 2016.

C. The preparation of a false contract and the assignment of claims D, with the Defendant’s consent, submitted to the Plaintiff as a collateral for the instant loan on August 30, 2014, which was set out from November 30, 2014 to November 30, 2016, the lease deposit amount of KRW 60,000,000 for the instant building, and the lease term of KRW 30,000 for the instant building from November 30, 2014 to November 30, 2016.

On November 30, 2014, the lease deposit amount of 60,000,000 won is stipulated as paid in full on the contract date, and the seal to confirm the receipt of the defendant is affixed on the next side, and on July 14, 2015, the above contract has obtained a fixed date.

On August 26, 2015, D, on the same day, entered into an agreement on the assignment of claims for the return of KRW 60,000,000 based on the lease agreement dated November 30, 2014, and notified the Defendant of the said transfer and the notification thereof reached the Defendant on August 31, 2015.

On August 26, 2015, the same seal, which was affixed by the Plaintiff, the Defendant entered into a lease agreement with the lessee (D) at KRW 60,000,000 with respect to the building of this case, with a certified judicial scrivener F delegated with the authority by the Plaintiff. If the lessee borrowed KRW 20,00,000 from the Plaintiff on August 26, 2015, the lessee fails to repay the borrowed amount.

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