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(영문) 대구지방법원 2016.09.23 2015가합206465

대여금

Text

1. Defendant B shall pay to the Plaintiff KRW 300,000,000 and the interest rate of KRW 15% per annum from May 15, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff from March 12, 2013 to the same year

4. Until May, 15, Defendant B determined a total of KRW 300 million as 15% per annum (payment on the 15th of each month) and lent the loan to Defendant B.

B. Each real estate listed in the separate sheet, which was originally owned by Defendant B, (hereinafter referred to as “each real estate of this case”) and listed in the separate sheet

2. The real estate “instant building” refers to “the instant building”

on April 20, 2015, Defendant B, on the ground that the sale was made on April 20, 2015

5. Around 29.29. The registration of ownership transfer was completed in Defendant C’s future.

(hereinafter “the instant sales contract” and “the instant transfer of ownership”).

Each real estate of this case was completed on April 24, 2009 when the establishment registration of a mortgage was completed on the bank of Korea, the debtor company, the actual transaction of the debtor, the maximum debt amount of 120,000,000 won. However, the defendant C repaid the secured debt of the establishment registration of a mortgage of this case, and the registration of the establishment of a mortgage of this case was cancelled on the ground of termination on June 17, 2015.

According to the lease contract equivalent to KRW 17,00,000, deposit amount of KRW 17,000, the lessee E is respectively residing under the lease contract equivalent to KRW 30,000,00.

E. At the time of the registration of transfer of ownership of this case, Defendant B excluded the Plaintiff from the agreed interest rate of KRW 383,00,000 per annum, and Defendant B assumed the Plaintiff’s debt of KRW 124,178,174 with respect to the Bank, and KRW 124,178,174 with respect to the Credit Guarantee Fund. While each of the of the of the of the instant real estate in amounting to KRW 231,954,00 with respect to the transaction value, and KRW 131,984,00 with respect to the land of KRW 131,984,00 with respect to the transaction value (hereinafter “F building”) as active property.

On the other hand, F building: ① the creation of a mortgage on June 16, 2006, the establishment of a mortgage on the part of the Bank of Korea, the debtor, the actual trade in the debtor, the maximum debt amount of KRW 240,000,000, and ② the Korea Credit Guarantee Fund, the debtor, and the maximum debt amount of KRW 163,200.