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(영문) 수원지방법원 2018.01.24 2016가합80010

소유권이전등기

Text

1. The plaintiff's primary claim against the defendant B, C, and D is dismissed.

2.(a)

Attached Form

List 1.

Reasons

1. Basic facts

A. The Plaintiff, Defendant G, H, I, and J, and the conclusion of a transfer for security agreement between the Plaintiff and the Defendant G is the actual operator of Defendant H, Defendant I, and Defendant J, and the Plaintiff has lent money to Defendant G for the purpose of operating the company from around 2002. (2) The Plaintiff on April 2, 2009, the Plaintiff, including Defendant G, Defendant H, Defendant H, Defendant I, Defendant J (hereinafter “Defendant G et al.”) and the principal amount up to the date of the loan, as KRW 4.2 billion, and the interest interest accrued from January 15, 2009 to August 13, 2009 as KRW 8.12 billion, and KRW 5 billion in total, KRW 5 billion in interest and interest accrued up to April 13, 2010, KRW 1.3 billion in interest and interest accrued up to 1.5 billion in total, and KRW 1.3 billion in interest and interest accrued up to 1.5 billion in total, and KRW 2.3 billion in total.3 billion in value.

3) Since December 10, 2009, when Defendant G and three other parties did not implement the above agreement, the Plaintiff jointly and severally repaid the total of KRW 10.7 billion, including Defendant G and three others, and the accrued interest, etc. up to that time, until December 13, 2010. In the event that the repayment is not made by the due date, the Plaintiff agreed to pay damages for delay at a rate of 30% per annum. Defendant G and three other parties on the same day were jointly issued promissory notes, the face value of which is 10.7 billion won per annum, the due date of payment, and the due date of payment, which are 10.7 billion won per December 13, 2010, and a promissorysory deed No. 4) and Defendant G and three other parties signed on December 10, 2009, to secure the performance of the above agreement to the Plaintiff, the ownership transfer registration of the real estate in title trust (hereinafter “instant real estate”) recorded in the attached list No. 1 (hereinafter “instant real estate”).