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(영문) 대전지방법원 2017.11.22 2016가합102836

대여금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 12,526,027 as well as the full payment from March 11, 201.

Reasons

1. Basic facts ( common to principal lawsuit and counterclaim);

A. 1) The Plaintiff is an insurance solicitor of Korea from around 2002 to 2008, and a person who was engaged in as an insurance solicitor of correctional life from around 2009 to around 2012, and C’s wife. 2) The Defendant is a person who purchased ten insurance products through the Plaintiff from February 23, 2005 to August 5, 2010 through the Defendant’s second son, etc. as the insured.

B. On August 10, 2006, the Defendant borrowed KRW 100,000,000 from the third party test to the Plaintiff on August 10, 2006 (Evidence 2, hereinafter “the first loan certificate”).

2) On April 13, 2006, the registration of ownership transfer was completed on the following grounds: (a) the first loan certificate contains two obstacles to the Defendant; (b) the Defendant’s resident registration number is written; (c) the Seo-gu, Seo-gu, Daejeon Metropolitan City, No. 104, No. 305 and No. 306 (hereinafter “instant commercial building”) of the E apartment No. 104, Seo-gu, Seo-gu, Daejeon Metropolitan City.

On the same day, the establishment registration of a neighboring building was completed with respect to the commercial building of this case by the debtor, the defendant and the mortgagee of the right to collateral security.

3) With respect to the instant commercial building on February 14, 2008, the Plaintiff registered the creation of a neighboring mortgage (hereinafter “registration of the establishment of a primary neighboring commercial building”) with the debtor, the mortgagee, the Plaintiff, the maximum debt amount of KRW 100,000,000.

(C) On February 22, 2008, the registration of creation of the first place of the establishment of a mortgage was cancelled on the grounds of termination. (C) On December 20, 2008, the Defendant, on December 20, 2008, prepared a loan certificate stating that “the Plaintiff borrowed KRW 200,000,000 from the Plaintiff’s only date” (the evidence No. 4; hereinafter “the second loan certificate”) to the Plaintiff.

The second loan certificate contains two obstacles to the defendant, and the defendant's resident registration number is stated.

2 The Plaintiff’s contents are as follows, around December 20, 2010, between the Defendant and the Defendant.