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(영문) 제주지방법원 2017.10.18 2016나5740
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.The reduction of claims by this court.

Reasons

1. Basic facts

A. The Plaintiff, a credit service provider, was a credit service provider, of KRW B, of KRW 30,00,00 on April 27, 2012, up to June 30, 2012, and KRW 10,000,00 on May 7, 2012, up to June 7, 2012; and KRW 30,000,000 on March 4, 2013, until the due date, until April 3, 2013; and KRW 20,000,00 on June 22, 2013; and KRW 5,000,00 on August 12, 2013; and each interest rate was set annually as damages for delay until September 11, 2013, respectively.

B. On July 2, 2014, B sold the instant vessel, the sole property in excess of the debt, to the Defendant, and completed the registration of ownership transfer with respect to the said vessel on the same day.

(hereinafter “instant sales contract”). C.

As to the instant vessel at the time of the instant purchase and sale contract, the F-mortgage in the name of the Plaintiff, the maximum debt amount of KRW 104,000,000,000, under the name of the Sungsan National Fisheries Cooperatives (hereinafter “Masan National Fisheries Cooperatives”) with the debtor, and the maximum debt amount of KRW 104,000,000, and the maximum debt amount of KRW 450,000,000, was set respectively.

Since then, the registration of establishment of a mortgage was cancelled on March 16, 2017 in the case of the right to collateral security registered in the name of Sungpopopool Union, and on August 11, 2017 in the case of the right to collateral security registered in the name of E, the registration was cancelled on the ground that the right to collateral security was repaid in the name of E, and on August 11, 2017 in the case of the right to collateral security registered in the name of F, and on June 17, 2015, the Jeju District Court Decision 2013Da31815, 2014Na4385 (hereinafter referred to as “related lawsuit”) deemed the act of creation of the right to collateral security as a fraudulent act and thus, the registration was cancelled.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 10 evidence, Eul evidence 14 and 17, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s occurrence of obligee’s right of revocation has a total of KRW 95,00,000 loan principal and damages for delay against B prior to the holding of the claim.

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