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(영문) 서울중앙지방법원 2021.01.14 2019나60297

대여금

Text

The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and the purport of the appeal are in the judgment of the court of first instance.

Reasons

1. Basic facts

A. On September 24, 2013, the Plaintiff loaned A a loan of KRW 42,374,579,000, respectively, and KRW 25,650,000 on September 8, 2017. As of January 17, 2018, the sum of the loan principal is KRW 42,374,579.

B. On September 24, 2013, the Plaintiff completed the registration of establishment of a right to collateral security (22,680,000) for the instant real estate owned by A with respect to its own loans on September 24, 2013.

(c)

On May 10, 2017, Part A completed the registration of the establishment of the right to collateral security, which was the maximum amount of 30,000,000 claims, on the ground of the contract to collateral security (hereinafter “instant contract to collateral security”) on the same day with respect to the instant real estate.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence No. 9, Eul evidence No. 5 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings]

2. Determination

A. (1) According to the determination as to the cause of the claim, the Plaintiff’s loan principal claims against A shall be acknowledged as the preserved claim.

(2) The evidence revealed prior to the establishment of the act, Gap evidence Nos. 11, 12, Eul evidence Nos. 15, 16, Eul evidence Nos. 3, 4, Eul evidence Nos. 8 through 10, and Eul evidence Nos. 8 through 10, as a result of inquiry of the court of the first instance into the Chungcheong Budget Office, as a result of the order to submit financial transaction information to the Eth of the court of the first instance, Eul, and Eul, as a result of this court's order to submit financial transaction information to Eul, the court of the first instance, as a result of this court's order to submit financial transaction information to Eul, and as a result of the court's appraisal of Eul, as of May 10, 2017, as of May 10, 2017, the day of this case's contract for collateral security was concluded, and the loans of Gap No. 45,94,000 won against the plaintiff, debt No. 527,6767,28,390,2000,3900,20.