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(영문) 의정부지방법원 2017.12.07 2017나204378

청구이의

Text

1. Revocation of the first instance judgment.

2. The Defendant’s notary public against the Plaintiff on February 6, 2013 by the South-west General Law Firm.

Reasons

Basic Facts

On August 31, 2011, the defendant set KRW 100,000,00 to the plaintiff on August 31, 201 as due date of repayment on August 31, 2012 and as 2.5% per month interest (However, under the agreement between the plaintiff and the defendant, the borrower on the loan certificate is set D (E after the name of the plaintiff, hereinafter referred to as "E").

) On September 2, 2011, in order to secure the above loan obligation, the registration of establishment of a mortgage-mortgage-holder, Defendant F, the maximum debt amount, 65,000,000, which was F-owned, was completed on September 2, 201, and the registration of establishment of a mortgage-holder, Defendant E, the maximum debt amount, 65,00,000 for the above G building, which was owned by E, was completed.

On May 10, 2012, the Defendant: (a) leased KRW 100,00,00 to the Plaintiff at one year from the date of repayment and two percent (24,00,000,000,000,000,000,000 from the date of repayment; (b) the Defendant entered the lender on the loan certificate under the agreement of the Defendant, E, and the Plaintiff in the name of the Defendant’s mother H; (c) on May 10, 2012, the Defendant and E shared each share of KRW 1/2 in order to secure the Defendant’s debt on May 10, 2012; (d) each registration of creation of a collateral security right (hereinafter “each of the instant registered collateral security rights”). < Amended by Act No. 11455, May 10, 2012; Act No. 1595, May 5, 2012; Act No. 160, Feb. 1, 2019>

When the principal remaining after the Plaintiff partially repaid to the Defendant on August 31, 2012 was 50,000,000, the Plaintiff entered into a new agreement with the Defendant on February 6, 2013 that the Plaintiff borrowed the said KRW 50,000,000 from the Defendant as the maturity date of payment, and the interest rate of KRW 2% (hereinafter referred to as “debts as of February 6, 2013”), and on the same day, issued a promissory note (hereinafter referred to as “the Promissory note in this case”) with the Defendant on the same day as the Defendant borrowed the said KRW 50,00,00 from the Defendant on February 6, 2013, and the Plaintiff issued the Promissory Notes as of February 20, 2014 (hereinafter referred to as “the Promissory Notes”), and according to the commission of the Plaintiff and the Defendant, the Plaintiff’s name and seal of the Promissory Notes in this case.