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(영문) 대전지방법원 2015.09.18 2014나16058

대여금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

Basic Facts

On January 27, 1995 with respect to the land of Sejong Special Self-Governing City C, 7190 square meters of forest land (hereinafter “instant land”), the registration of ownership transfer was completed with respect to each 1/2 shares in the name of the defendant and the defendant under the name of Sejong Special Self-Governing City and the defendant, as the Sejong District Court Sejong District Court No. 1141, Jan. 27, 1995, received on January 27, 1995, as the inheritance due to consultation and division on December 30, 1990.

As to the instant land, the registration of creation of a right to collateral security was completed on July 3, 2007 with the maximum debt amount of 39,00,000,000 won (the maximum debt amount of 39,000,000 won, and on July 3, 2007, under the name of the debtor, the establishment of the right to collateral security was completed on the ground of the contract concluded on July 3, 2007 by the debtor. Since then, the registration of alteration of the right to collateral security was completed on June 29, 201, Daejeon District Court Sejong District Court Sejong District Court Decision No. 91840, Jun. 29, 201; the maximum debt amount of 78,000,000,000 won, and the debtor’s June 29, 201

On July 14, 2012, the Plaintiff lent KRW 30,000,00 to D with interest rate of KRW 8.5% per annum, and as of December 30, 2012 (hereinafter “the first loan”), KRW 100,000,000 per annum, and as of December 30, 2012, the Plaintiff set the repayment period of KRW 8.5% per annum, and as of December 30, 2012 (hereinafter “the second loan”). The Plaintiff leased KRW 14,30,000 (hereinafter “the third loan”) with interest rate of KRW 14,30,00 on the same day as of December 30, 2012, the Plaintiff set the repayment period of KRW 20,000 as of December 30, 2012, with interest rate of KRW 30,000 per annum from August 7, 2012 to December 31, 2012.

(hereinafter “each of the instant loans”). The Plaintiff completed the registration of establishment of a collateral security right on July 5, 2012 under the name of the obligor D and owned D with respect to the share of KRW 1/2 of D out of the instant land as the Sejong District Court Sejong District Court No. 17283, Jul. 6, 2012, as to the share of KRW 150,000,000 under the name of the obligor D with a view to securing the said claim against D, and owned D as a joint collateral.