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(영문) 대구고등법원 2015.04.28 2013나6347

청구이의

Text

1. Revocation of a judgment of the first instance;

2. The loans extended by the Defendants against the Plaintiff at the Daegu District Court 201 tea 10687.

Reasons

1. Basic facts

A. The Plaintiff is a certified judicial scrivener. D is the Plaintiff’s senior high school of F. Defendant B is the Defendant’s wife, and Defendant C is the Plaintiff’s son. Defendant C is the son of D. 2) G is the actual operator of H Co., Ltd. (the representative I; hereinafter “C”) who promoted the Daegu Suwon-gu J Apartment apartment redevelopment project (hereinafter “instant project”), and E is the Plaintiff’s motive as a high school and introduced G to the Plaintiff and D.

B. 2 billion won remittance, the Plaintiff’s name provisional registration, and the loan certificate of KRW 2 billion from the Defendants’ account to the Plaintiff’s account, each of which was remitted from January 26, 2006 to the Plaintiff’s account; each of the said money was immediately remitted to H’s account; and on January 26, 2006, each of the said money was immediately remitted to the Plaintiff’s account; and on January 26, 2006, the registration of the Plaintiff’s right to claim transfer of ownership was completed on the ground of a pre-sale agreement with respect to 20 real estate owned by H.

Around that time, on January 27, 2006, a loan certificate (Evidence A No. 4-1, hereinafter referred to as "the first loan certificate") was prepared as "the creditor, the debtor, the plaintiff, the joint and several sureties E, the daily amount of KRW 2 billion, the due date of payment of KRW 2 billion, May 15, 2006."

C. From April 7, 2006 to April 18, 2006, KRW 1 billion was remitted from the Defendants’ account to the Plaintiff’s account. The said money was immediately remitted to H’s account, and on April 10, 2006, the Plaintiff’s right to claim for transfer of ownership was completed for three cases of real estate owned by H on April 10, 2006.

Around that time, the loan certificate of April 5, 2006 (No. 4-2, No. 4-2, hereinafter referred to as "the second loan certificate of this case"), which was written on April 5, 2006 as "the creditor, the debtor, the plaintiff, the joint and several surety, E, G, H, the daily amount of KRW 1 billion, the due date for payment, and the due date for payment," was written as the second loan certificate of this case (hereinafter referred to as "the second loan certificate of this case").

Preparation of notarial deed of debt repayment contract, 1 January 26, 2006, the plaintiff and stock company.