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(영문) 부산지방법원 2014.08.22 2013가합14937

대여금 등

Text

1. Plaintiff A; Defendant C: KRW 87,00,000; Defendant D’s KRW 60,000,000; and each of them, from October 5, 2013 to August 5, 2014.

Reasons

1. Basic facts

A. The parties’ relevant net F (hereinafter “the deceased”) had been registered as the first-class person with a brain 1 disability on or around 2005, and had been hospitalized and performed on or around August 2007, when the brain stroke, and the disease was repeated. On or around March 31, 2010, when the hospital and the hospital were receiving treatment, the Plaintiff A died on or around March 31, 201. The Plaintiff A’s wife, the Plaintiff B’s son, the deceased’s son, and the Defendant C’s son’s son’s son’s son.

B. A transaction related to G land owned by the deceased (1) Defendant C is the National Federation of Fisheries Cooperatives (hereinafter “the Federation”).

From October 4, 2007, KRW 600 million (hereinafter “the first loan of this case”) is referred to as “the first loan of this case”).

(1) On January 31, 2008, KRW 240 million (hereinafter “the second loan of this case”)

The Defendant C, who borrowed the deceased or on behalf of the deceased, borrowed each of the above Defendant’s respective loans, is the G land of this case, which is owned by the deceased in Busan-gu G-gu, Busan-do (hereinafter “the “”), in order to secure the above Defendant’s respective loans.

After concluding a contract to establish a right to collateral security, with regard to the first loan of this case, KRW 780,000,000 shall be the maximum debt amount of KRW 312,000,000,000,000 for the second loan of this case. (2) The registration of establishment of a right to collateral security under the name of Suwon was completed on October 23, 2009 for the land of this case. The registration of establishment of a right to collateral security was completed on October 23, 2009, and the purchase price was reported as KRW 1.1 billion. The first and second loans of this case were fully repaid on the above date, and the registration of establishment of a right to collateral security was revoked.

3) The deceased leased the instant G land to I before his birth and received KRW 2 million monthly rent from them. From August 2007, the plaintiff A managed the account passbook (Account Number J) in the name of the deceased, which was deposited into the said G from August 2007. [In the absence of any dispute over the grounds for recognition, the entries in Gap No. 16, 25, and Eul No. 5, and the purport of the entire pleadings.