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(영문) 인천지방법원 2018.11.16 2017가합60092
대여금
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on a mortgage agreement on March 18, 2010.

Reasons

1. Basic facts

A. The Plaintiff came to know of the Defendant as a guest at the licensed real estate agent office where the Defendant was working, and entered into an internal relationship with the Defendant from around 2008.

At the time, the plaintiff had a legal spouse, and the defendant was divorced from his spouse and was married with children.

B. On May 13, 2005, C entered into a supply contract with the content that the Etel F (hereinafter “the instant officetel”) located in Yeonsu-gu Incheon Metropolitan City was sold in KRW 239,220,000 for sale price. Under the said supply contract, C’s status was transferred to G on June 29, 2005, to H on July 6, 2005, to H on April 5, 2006, to the Defendant on April 28, 2008.

C. On March 18, 2010, the Defendant prepared a loan certificate as follows (hereinafter “the instant loan certificate”) with the content that the loan amount is KRW 239,220,000, which is the sales price of the instant officetel, and the repayment date is 7% per annum on February 17, 2012, and the interest rate is 7% per annum (40% per annum on a year in arrears for at least two months in payment of interest). The Defendant offered the instant officetel as security for the said loan amount, and issued it to the Plaintiff.

1. Amount borrowed: 239,220,000 won (e.g., n., g., n., n., n. n. n.

2. Date of borrowing: The date of repayment on March 18, 2010: 7% per annum; the interest rate on February 17, 2012; and the interest rate on February 17, 2012 shall be 30% per annum; and the borrower, as above, promises that the interest rate on the loan shall be 30% per annum:

- - Sound

1.The interest shall be transferred to the following banks designated by the Creditor no later than the eighteenth day of each month:

(The borrower shall, in principle, pay interest at the rate of 30% per annum at the time of arrears for more than two months, and promise not to raise any objection thereto)

2. The above amount shall be secured in Etel F in Yeonsu-gu Incheon Metropolitan City, as well as the borrowed amount, and the expenses incurred therein shall be borne by the borrower.

3. The principal shall be paid in full by February 17, 2012, and thereafter.

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