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(영문) 대전고등법원(청주) 2016.09.30 2016나10347

제3자이의

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. 1) The Plaintiff entered into a transfer security contract between the Plaintiff and E, etc. on November 28, 2013 (hereinafter “E”).

(1) From this perspective, a notary public, stating that “The Plaintiff lends KRW 100 million to E pursuant to an agreement entered in the loan certificate dated June 18, 2012, and as security, E transfers the ownership of corporeal movables listed in the separate sheet (hereinafter “instant corporeal movables”) to the Plaintiff by means of an occupancy or amendment,” as stipulated in the said agreement, shall be deemed a notary public of the following: (a) a deed of monetary loan contract for security by means of transfer and security (hereinafter “instant notarial deeds”) No. 564, 2013.

(2) The Plaintiff, separate from the loan certificate on June 18, 2012, drafted a contract to establish a security for transfer to the instant corporeal movables, stating that “E establishes a security for the instant corporeal movables as a security for the present and future payment,” respectively. (2) The Plaintiff was prepared, separately from the loan certificate on June 18, 2012, the loan certificate of KRW 100 million, the due date of payment on June 17, 2013 (hereinafter “the first loan certificate”), ② the loan amount of KRW 200 million, and the due date of payment on January 30, 2014, respectively. (hereinafter “the date of preparation for the second loan certificate”).

B. Temporary amount from the No. 163 of November 16, 2013: (a) 13,745,000 on April 17, 2014; (b) 10,000 on April 20, 2013; (c) 10,000,000 on April 23, 2014; (d) 10,000 on April 20, 203; (e) 10,000 on December 20, 2013; and (e) 10,000,000 on May 28, 2014; and (e) 10,000,000 on a bank account under the name of 10,000,000 on April 10, 2014; (e) 10,000,000 on July 14, 2014;

On March 12, 2014, 90,000,000 14. 7. 10,000,000 on July 7, 2014, 20,000 on March 24, 2014, G transferred KRW 5 million to the bank account as indicated below on September 24, 2014, 8, 2000 on September 24, 2014 (3,00,000 on September 3, 24, 2000, 288,245,001) on August 4, 2014, the Plaintiff transferred KRW 5 million to E bank account on October 27, 2014.