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(영문) 대전지방법원 2018.11.30 2017가단25502
대여금 등
Text

1. The defendant shall pay 14,664,320 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On February 29, 2016, the Plaintiff, as the former representative director of the Defendant (the co-defendant of this case, for which compulsory adjustment is finalized) determined and lent KRW 60 million as the due date for payment on June 29, 2016 and at the rate of 25% per annum.

(hereinafter “instant loan”). (b)

On February 29, 2016, the Defendant concluded a transfer contract with the purport that the ownership of the Defendant’s machinery is transferred to the Plaintiff to secure the above loan obligations, and concluded a transfer contract with the intent to transfer the ownership of the Defendant’s machinery to the Plaintiff in order to secure the above loan obligations, and completed the registration of creation of a mortgage with respect to the storage site E in Kim Jong-si, Kim Jong-si, the Defendant owned by the Defendant (hereinafter “instant land”).

(hereinafter “instant collateral security”). C.

D and the Defendant failed to repay the instant loan by the maturity date. Interest was paid only until November 28, 2016.

Accordingly, on April 20, 2017, the Plaintiff filed an application for voluntary auction on the instant land and received the decision to commence the auction. On October 31, 2017, the Plaintiff filed the instant lawsuit and the complaint reached the Defendant on November 21, 2017.

E. On December 12, 2017, the Plaintiff prepared a certificate of subrogation with the payment of KRW 61 million for the leased principal of this case and KRW 1 million for the withdrawal of auction, which was issued by an agent G of F, a third-class mortgagee of the instant land, from G, who is the third-class mortgagee of the instant land.

F. On December 13, 2017, the Plaintiff issued a confirmation document stating that “F shall pay to the Plaintiff KRW 61 million on December 12, 2017, and at the same time, the Plaintiff’s transfer of the Plaintiff’s right to collateral security and the transferee F shall confirm that the Plaintiff has the right to claim for the interest until December 12, 2017.”

In addition, on the same day, the Plaintiff was issued a letter of tolerance to the effect that “D debt amounting to KRW 4 million shall be repaid by December 30, 2017 jointly and severally between H and G” from G and the Defendant’s registration director.

G. The Plaintiff on December 14, 2017.

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