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(영문) 서울남부지방법원 2016.04.29 2015가합101451

대여금

Text

1. Defendant C: 15,00,000 won to Plaintiff B and 5% per annum from February 12, 2015 to April 29, 2016.

Reasons

1. Basic facts

A. The plaintiff A is a person in charge of administrative and financial management of the hospital [the representative is defendant D), F Council member (the representative is defendant D), G (the representative director is defendant C), H Medical Center (the representative director I and J) operated by the defendants as the wife of the defendant C, and the plaintiff B is the children of the plaintiff A and the defendant D are the children of the defendant C.

B. Examining the financial transaction details of Plaintiff A and the Defendant side (Defendant C, Defendant C’s head I, South Korea K, Defendant D, Defendant G, and E), the Plaintiff transferred approximately KRW 530 million to the Defendant side over 20 times from December 9, 2009 to December 7, 2012. The Defendant transferred approximately 500 million to the Defendant side over 40 times from June 18, 2009 to October 17, 2013.

C. As to the 115,670 square meters (hereinafter “instant land”), the Plaintiff registered the establishment of a mortgage on November 27, 2009, N, A, the maximum debt amount of which is 80,000,000 square meters (hereinafter “instant land”) in his/her own name, with respect to the 132,220/1,157,150 square meters (hereinafter “instant land”).

After that, the registration of creation of a neighboring mortgage was cancelled due to the cancellation on May 8, 2013. On the same day, the plaintiff A completed the registration of creation of a mortgage near the maximum debt amount of 500,000,000.

On November 27, 2009, N, P, the mortgagee, filed a request for auction to exercise the security right against the Plaintiff’s share in the instant land on April 1, 2013 with the Daejeon District Court for the commencement of auction on April 17, 2013, and revoked the registration of the commencement of auction on May 17, 2013 by withdrawing the loan from May 27, 2010. The Plaintiff filed a request for auction to exercise the security right against the Plaintiff’s share in the instant land on April 1, 2013, with the Daejeon District Court for the commencement of auction on April 17, 2013, where the decision to commence auction was rendered to Qu for the commencement of auction on April 17, 2013. < Amended by Act No. 11874, Apr. 17, 2013; Act No. 11687, Apr. 19, 2013>

E. After that, the O aims at the exercise of a security right with respect to the Plaintiff’s share.