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(영문) 대구고등법원 2013.10.31 2013나1427

대여금

Text

1. Of the judgment of the first instance court, the Defendant (appointed) ordering payment in excess of the amount ordered under the following two paragraphs.

Reasons

1. Basic facts

A. On March 5, 2003, the Plaintiff sold to the Selected C (hereinafter “C”) a building of 372.9 square meters and above ground (hereinafter “instant building”) in Daegu-gu, Jung-gu, and the instant building in total for KRW 2.975 million (hereinafter “instant real estate”).

In the above sales contract, in order to secure the payment of KRW 400 million, the Plaintiff and C completed the registration of establishment of a mortgage on the instant real estate in the name of the Plaintiff as a mortgagee, and out of the above KRW 400 million, upon C’s order of residential part on the fifth floor (hereinafter “instant residential part”) from among the instant building in which the Plaintiff resides, the Plaintiff and C agreed to reimburse C to the Plaintiff, and KRW 300 million from March 20 to February 20, 2003, and pay the Plaintiff KRW 6 million per month interest.

一金參억원정(삼억) 단, ① 月이자는 金四(사)백만원으로 하되, 일부 변제로 채권액이 金貳(이)억원 일때는 月이자는 貳(이)백만원으로 한다.

(2) Until the amount of credit is fully repaid, the Daegu-gu Seoul-gu residential housing shall be free of charge.

B. On October 2, 2003, the Plaintiff and C agreed to terminate the registration of establishment of a collateral security on the money to be loaned by a mutual savings bank in the name of the Plaintiff for the creation of a collateral security, but under the Defendant’s joint and several guarantee, the following amount of KRW 300 million (hereinafter “first loan”) and the cash custody certificate (Evidence 1 and 6) for KRW 100 million were prepared and issued to the Plaintiff.

一金壹억원정(일억) 단 대구광역시 소재 조일상호저축은행의 질권 설정(갑 제15호증의 기재에 의하면, C 명의 적금 1억 원에 대하여 원고에게 질권을 설정해 준 내용이다) 해지 시까지의 채권 보관이며 채권액 회수로 인한 동질권이 해지될 때 본 현금보관증도 효력 상실됨

C. The plaintiff on January 6, 2004 at the above KRW 100 million.