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(영문) 춘천지방법원영월지원 2016.01.20 2015가단1753

대여금

Text

1. From July 30, 2014 to June 15, 2015, Defendant B’s KRW 78 million to the Plaintiff, as well as the Plaintiff’s KRW 5% per annum. < Amended by Presidential Decree No. 26357, Jun. 6, 2015>

Reasons

1. Basic facts

A. Defendant B (former name E) married with Defendant C on December 9, 2002, but divorced on April 3, 2007.

B. On September 17, 2004, with respect to one half of the respective shares of F forest No. 146,976 square meters (hereinafter “instant real estate”), the registration of transfer of ownership in G and Defendant D was completed due to the purchase and sale from September 1, 2004. On January 14, 2010, with respect to Defendant D shares among the instant real estate, the provisional registration of Defendant C’s right to claim for transfer of the total amount of shares in Defendant D shares was completed (hereinafter “the instant provisional registration”) on the ground of the pre-sale agreement as of January 14, 2010.

In addition, on January 9, 2013, the provisional registration of the right to claim the transfer of the entire G shares in the name of the defendant C was completed on the grounds of the pre-sale agreement made on January 8, 2013 with respect to the G shares in the instant real estate.

Defendant C confirmed the amount of 78 million won to Defendant B’s creditors H and promised as follows:

1. If Defendant C has made a principal registration as a person having the right to a provisional registration of one half of the real estate of this case, the establishment of a collateral security shall be made at the same time.

2. In the event that Defendant C sells the real estate as provided in paragraph 1, it is confirmed that the above claim will be repaid.

C. On August 30, 201, Defendant C drafted a written confirmation (hereinafter “instant written confirmation”) with H holding the loan claim amounting to KRW 78 million against Defendant B with the following content:

On July 30, 2014, the provisional registration of this case was completed due to the transfer contract dated July 28, 2014. On the same day, the principal registration based on the provisional registration of the first name was completed with respect to Defendant D shares among the instant real estate, and on the same day, the provisional registration of the right to claim transfer of the G shares in the name of Defendant C, which was completed with respect to the instant shares among the instant real estate, was revoked.

In addition, on July 30, 2014, the registration of transfer of ownership in the name of the Asian Trust Co., Ltd. was completed on July 30, 2014 on the instant real estate owned by I and G ownership.

E. Meanwhile, H on the other hand, on December 27, 201, against Defendant B.