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(영문) 수원지방법원안양지원 2015.04.24 2014가단13974
구상금
Text

1. The Defendant’s KRW 50,000,000 and its related amount are 5% per annum from December 1, 2008 to April 24, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. During the period of Ansan-si on December 6, 2001, the Defendant completed the registration of ownership transfer under the name of the Defendant on the ground of sale as of November 10, 2001 with respect to the 111th floor No. 101 of the former C Apartment No. 103, the 103-dong 11 (hereinafter “instant apartment”).

B. The defendant is the representative of D, and E is the defendant's husband.

C. Socing Co., Ltd. (hereinafter “NEM”) is a corporation with the purpose of both horse-ending, manufacturing and selling, etc., and upon receiving a provisional attachment order as Seoul Eastern District Court 2008Kadan4958 with respect to the apartment of this case owned by the Defendant, the claim for the price of goods against D as the preserved right, and completed its execution.

On July 9, 2008, small bit bargaining applied for the commencement of compulsory auction on the apartment of this case to the Suwon District Court F, and completed the registration on the same day on the same day.

E. E received KRW 50,000,000 from the Defendant and repaid the amount of the goods for which D had been responsible for the small-scale mining, and accordingly, the small-scale mining is set as above.

On October 20, 2008, the above request for auction was withdrawn.

F. E issued to the Plaintiff a loan certificate stating “The amount of KRW 50,000,000, and the date of repayment on November 30, 2008, and the Defendant will repay the amount of KRW 50,000 by November 30, 2008.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4, Gap evidence 5, witness G's testimony and the purport of whole pleadings

2. As seen earlier, in order to obtain a claim against D, small-scale bargaining received a decision of compulsory commencement of auction on the instant apartment building owned by the Defendant, and in order to obtain a claim against D, E, the husband of the Defendant, borrowed KRW 50,00,000 from the Plaintiff, and repaid the debt to D’s small-scale bargaining, thereby, the auction on the instant apartment building owned by the Defendant was withdrawn, and in the process, E prepared and delivered a loan certificate under the name of the Defendant to the Plaintiff.

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