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(영문) 창원지방법원 마산지원 2018.02.07 2017가단2802

대여금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 30,076,832 and its payment from September 10, 2009.

Reasons

1. Basic facts

A. On February 24, 2006, the Defendant prepared a loan certificate (Evidence A 1) stating that “the monthly interest rate of KRW 60 million shall be KRW 900,000,000 per month, and the due date shall be May 24, 2006; however, Nonparty D, the husband of the Defendant, may receive the above loan, and deliver it to Nonparty E.

B. On October 16, 197 with respect to the land specified in paragraph (2) of the Disposition owned by the Defendant (hereinafter “instant land”), the establishment registration of the mortgage was completed in the name of Nonparty F, the debtor D and the maximum debt amount of KRW 52.5 million. On February 27, 2006, the establishment registration of the mortgage was revoked on February 24, 2006. On February 24, 2006, the establishment registration was revoked on the ground of the termination. On February 24, 2006, “the establishment registration of the mortgage of KRW 90,000,000 for the Defendant and the maximum debt amount of KRW 90,000,000 under the name of the Plaintiff,”

(3) Upon the Plaintiff’s request, Nonparty 1, who is the Plaintiff’s mother, remitted each of KRW 8 million and KRW 9 million to the Nonghyup Bank in the name of Nonparty G managed, respectively. On the same day, Nonparty 1, which is the Plaintiff’s mother, remitted each of the money to Nonparty 2,3 million, and KRW 10 million to Nonparty 1,00,000 at the Plaintiff’s request on February 28, 2006. D. Based on an agreement with Nonparty 1, E, on February 27, 2006, KRW 60,000,000 out of the total deposit account deposited in the said account, KRW 1,70,000 out of the total amount of KRW 60,000,000,000 to Nonparty 1’s account in the name of the judicial scrivener for the repayment of the obligation under the name of the above F, the fact that Nonparty 1, who is the Defendant’s mother, transferred each of the above KRW 1,781,0,00,00.

2. As to the cause of the principal action

A. According to the above facts of recognition, the defendant is KRW 60 million from the plaintiff.