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(영문) 서울중앙지방법원 2015.11.06 2015가합2459

대여금

Text

1. Defendant B: (a) with respect to KRW 130,100,000 and KRW 65,000 among them, from January 20, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned Defendant B KRW 10 million on March 16, 201, KRW 50 million on October 13, 201, KRW 10 million on January 17, 201, KRW 50 million on February 28, 201, and KRW 165 million on a total amount.

(hereinafter “instant loan”). (b)

The Plaintiff received KRW 2250,00 from Defendant B on November 19, 2010, December 28, 2010, and January 17, 201, respectively, from Defendant B, and received KRW 240,000 per month or immediately following month from February 18, 201 to June 19, 201, and received part of the amount thereafter.

C. In order to secure a loan claim against Defendant B, the Plaintiff: (a) completed the registration of establishment of a mortgage on November 21, 2012 with respect to the 122.1 square meter in Seongdong-gu Seoul, Seongdong-gu, Seoul, on the ground of a contract to establish a contract on November 20, 2012; (b) the obligor’s establishment of a mortgage on the 100 million won of the maximum debt amount; and (c) the obligor’s establishment of a mortgage on the 122.1 square meter

(hereinafter referred to as “the establishment registration of the first place of establishment”) d.

Upon Defendant B’s request, on May 21, 2014, the Plaintiff issued a certificate of loan from Defendant C, which was the husband of Defendant B, with the effect that “The above amount is KRW KRW 100,000,000,000,000,000,000,000,000,000,000,000,000 won.

E. On June 18, 2014, the Plaintiff completed the registration of creation of a neighboring mortgage on the said D’s real estate on the ground of a contract concluded on June 18, 2014, with the same content as the registration of the establishment of the first neighboring mortgage on the said D’s real estate.

(hereinafter referred to as “the establishment registration of the second place of creation of a mortgage”). The principal of the debtor (Defendant B): the interest of KRW KRW KRW KRW KRW KRW KRW KRW KRW KRW: the principal on January 19, 2015: the recipient who was paid KRW KRW KRW KRW KRW: the plaintiff.

F. On January 19, 2015, the Plaintiff received KRW 100 million from Defendant B, prepared the following receipts, and deleted the registration of establishment of the second root.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the claim against the defendant B