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(영문) 부산지방법원 2013.09.13 2012나13771

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The defendant of the claim shall make the plaintiff 3,557.

Reasons

1. The following facts can be acknowledged based on the following facts: Gap's certificate No. 1 (a loan transaction agreement and the defendant's signature and the defendant's seal imprint affixed thereon, and thus, the authenticity of the entire document is presumed to have been established. The defendant asserts that the above loan transaction agreement was forged or altered by the plaintiff, but there is no evidence to acknowledge it), Gap's statement Nos. 2, 3, 4, and 9, the results of the examination of the plaintiff in the trial, the results of fact inquiry into the plaintiff in the first instance court, and the whole purport of oral arguments against the defendant's signature and seal affixed thereon.

On August 16, 1997, the Defendant borrowed 10,000,000 won from the Common Young-gu Cooperative at interest rate of 13% per annum, 20% per annum, due date for payment, August 16, 1998 (hereinafter “instant loan”), and the Plaintiff guaranteed the instant loan obligation to the Common Young-gu Cooperative on the same day.

B. On October 15, 1997, the Defendant repaid the principal amount of 4 million won among the above loans, the principal amount of 2 million won on November 17, 1997, the principal amount of 1 million won on March 21, 200, the principal amount of 1 million won on March 21, 200, and the principal amount of 7 million won on March 21, 200 to the Tong Young-gu.

C. On February 25, 2002, the Tong Young-gu District completed the registration of provisional seizure of KRW 44,602,892 as to the claim amount of KRW 23,368,311 with respect to the amount of 498 square meters in relation to the land owned by the Plaintiff on April 21, 201, the amount of KRW 10,339,99, and KRW 237,000 on the same day with respect to the amount of 10,339,99 square meters in relation to the 4,602,892 square meters in relation to the land owned by the Plaintiff on April 21, 201.

In the voluntary auction case of which the New Young-gu Saemaul Cooperative applied for each of the instant real estate by the New Young-gu Saemaul Cooperative (Yeongwon District Court Tong Branch Branch Branch Branch E), the Tong Young-gu demanded a distribution of KRW 29,516,359 as a creditor of provisional seizure against the Plaintiff. On June 21, 2002, the above auction court prepared a distribution schedule that distributes KRW 3,528,706 to the Tong Young-gu Cooperative.

E. On November 19, 2002, the Tong Young-gu shall be the real estate of this case.