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(영문) 서울남부지방법원 2014.11.10 2013가단40760

손해배상(기)

Text

1. The Defendants shall jointly and severally serve as KRW 20,180,000 on the Plaintiff and as a result, from July 1, 2013 to November 10, 2014.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence 1, 2, 3, 4, and 6 (including provisional numbers) and the entire purport of the pleadings:

On November 3, 2009, the Plaintiff and D lent KRW 250,000,000 to the Defendants on November 3, 2009, interest rate of KRW 2,50,000 per month, and due date of payment on April 2, 2010.

(hereinafter referred to as the “instant loan”) B.

In order to secure the loan obligation of this case, the Defendants, a married couple, transferred the registration of the right to claim ownership transfer under the name of Defendant C with respect to each of the 4/5 shares of the land in Macheon-si E and F (hereinafter “Macheon-si”) to the Plaintiff and D, and agreed to set up a collateral security right with respect to the land in the name of the Defendant C (hereinafter “use land”), and accordingly, as to the land in the name of the Defendant C with respect to the land in the name of the Defendant C, the registration of transfer was completed on November 2, 2009 on the ground of the transfer on the same date, and the registration of establishment was completed on November 3, 2009 between the Plaintiff and D, and the Plaintiff and D on the land in the name of the obligor B, Defendant B, Defendant 250,000,000,000,000, and the registration of establishment of a collateral security right as the Plaintiff and D.

C. On June 2, 2011, the Defendants asserted the Plaintiff as the principal deposit in Seoul Southern District Court Decision 2286, the Plaintiff as the principal deposit and deposited KRW 17,680,000 among the instant loan obligations (hereinafter “instant deposit”). Defendant B asserted that the instant loan obligation was fully repaid, and filed a lawsuit against the Plaintiff and D claiming that the transfer of ownership transfer claim registration with respect to the land in Macheon-cheon was transferred to Defendant C.

On January 22, 2013, when the lawsuit of this case was pending in Seoul Southern District Court 2012dan75653, the Plaintiff and Defendant B paid additional KRW 5,000,000 on the instant loans, and KRW 2,500,000 among them shall be immediately paid.