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(영문) 서울중앙지방법원 2016.04.22 2015가합529763

대여금 등

Text

1. The Defendant’s KRW 531,756,80 among the Plaintiff and KRW 498,200 among them, shall be KRW 33,56,800 from January 1, 2007, and KRW 33,56,800.

Reasons

1. Basic facts

A. On September 15, 2004, C Co., Ltd. (hereinafter “C”) actually operated by C Co., Ltd. (hereinafter “C”) agreed to reimburse the Plaintiff of KRW 300 million against D and E’s debt to the Plaintiff (Evidence A8-2), and completed the registration of creation of a mortgage over the real estate indicated in the separate sheet owned by C (hereinafter “instant real estate”) with respect to the maximum debt amount of KRW 300 million against the Plaintiff, and the subordinate mortgage registration with C with respect to the real estate indicated in the separate sheet owned by C (hereinafter “

(hereinafter “instant No. 1 collateral security”). B.

The Defendant’s real estate purchase and debt occurrence 1) However, the bank, one of the senior collateral security holders, applied for the auction of real estate rent to Daejeon District Court Red Branch F for the instant real estate (hereinafter “instant auction procedure”).

(2) On November 3, 2005, the Defendant, as E’s wife, borrowed 47 million won as the bid bond for the instant real estate from the Plaintiff on November 3, 2005 to obtain the bid of the instant real estate. The Defendant, as E’s wife, borrowed 47 million won as the bid bond for the instant real estate from the Plaintiff.

The Plaintiff agreed to pay KRW 300 million as stated in the subsection and issued to the Plaintiff a promissory note with a face value of KRW 300 million.

(A) The Defendant obtained permission for the sale of the instant real estate. On December 12, 2005, the Defendant additionally borrowed KRW 22.5 million from the Plaintiff as the registration cost, and KRW 77 million as the purchase price for real estate. 4) On December 12, 2005, the Defendant issued a promissory note to the Plaintiff on December 12, 2005 (i.e., KRW 446.5 million (i., KRW 47 billion) plus KRW 3.5 million in the name of the expenses (i.e., KRW 2., KRW 2.5 million), plus KRW 3.5 million in the name of the expenses, on June 30, 2006, with a maturity of KRW 450 million plus KRW 3.5 million in the name of the expenses.

(A) On December 13, 2005, the defendant stated in paragraph (4) of the same day as of December 13, 2005, the prior collateral security and the first collateral security on the real estate of this case were cancelled, and the registration of ownership transfer was completed in the name of the defendant.