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(영문) 서울동부지방법원 2015.11.19 2015가합2629

대여금

Text

1. The Defendant’s KRW 418,271,642 as well as the Plaintiff’s annual rate of KRW 5% from March 25, 2014 to November 19, 2015.

Reasons

1. Facts of recognition;

A. While the Plaintiff was operating a factory manufacturing paper, such as edible milk, with the trade name “D” in Kim Jong-si, the Plaintiff transferred the entire business of the above factory to the Defendant around October 2, 2013, and around October 2, 2013, the Plaintiff loaned KRW 430 million to the Defendant on October 2, 2013, but the Plaintiff was not able to obtain a notarial deed from the Defendant on November 10, 2013, and the Defendant was not able to obtain a notarial deed from December 10, 2013 to May 10, 2014 on six occasions each month from December 10, 2013 to May 10, 2014, and from June 30, 2014 to June 10, 2014, if the Defendant did not immediately perform a compulsory execution.

(No. 807, 2013). In addition, on October 2, 2013, when a notary public exercises the rights and facilities of the above factory to the Plaintiff, the Defendant paid the Plaintiff the proceeds of the first container at the time of the first export and the part of the funds incurred at the time of bank loans, in addition to the above loan repayment, separately from the loan repayment. The Defendant, after completing the registration of transfer of ownership with respect to the above factory, had the Plaintiff notarized on the establishment of the right to collateral security within one week.

(No. 2223).B. (No. 2223) No. 2013.

However, the Defendant would like to add the instant agreement to the Plaintiff.

The plaintiff applied for compulsory execution against the site of the above factory and the factory building on its ground and received the decision of compulsory commencement on November 18, 2013 (the Jeonju District Court E).

Accordingly, on March 21, 2014, the Plaintiff and the Defendant shall pay to the Plaintiff KRW 443,271,642 on condition that the Plaintiff withdraws an application for compulsory execution by March 24, 2014. Of them, KRW 25 million shall be paid in cash, and the remainder of KRW 418,271,642 shall be paid in cash, and the registration of establishment of a mortgage shall be completed for the site of the above factory and the factory buildings on the land of the above factory in the bank and other financial areas.