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(영문) 대전지방법원 서산지원 2018.01.30 2017가단51223
대여금
Text

1. The Defendant’s KRW 49,00,000, and the Plaintiff’s annual rate of KRW 5% from March 31, 2017 to January 30, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are wholesalers.

C and D are the plaintiff's children, and E are the defendant's spouse.

B. On January 19, 1998, the Plaintiff donated the previous 2,820 square meters of G from F, which is the husband of the Plaintiff (hereinafter “instant land”) and completed the registration of ownership transfer on January 20, 1998.

On July 9, 2003, the Plaintiff registered the title trust and completed the registration of ownership transfer of the instant land to the Defendant.

C. As to the land of this case, H completed the registration of creation of the right to collateral security (hereinafter “first right to collateral security”) with the debtor, the maximum debt amount of KRW 60 million (the maximum debt amount of KRW 40 million on March 9, 2004 shall be reduced to KRW 40 million), and completed the registration of creation of the right to collateral security (hereinafter “second right to collateral security”) with the debtor, the defendant, the maximum debt amount of KRW 46 million on December 17, 2004.

On February 4, 2005, the Defendant entered into a sales contract with I, J, and the instant land at KRW 128 million (hereinafter “instant sales contract”).

On February 14, 2005, the remainder payment date of the instant sales contract, the Defendant paid the full amount of the purchase money from I and J, and subsequently repaid the amount of the first and second collateral security obligation to H.

I and J completed the registration of ownership transfer on the instant land on February 17, 2005, and H cancelled the registration of establishment of the right to collateral security on the same day.

E. On June 17, 2004, the Plaintiff and the Defendant’s younger birth borrowed KRW 20 million from L from June 17, 2004, and the Plaintiff jointly and severally guaranteed the said obligation.

On December 17, 2014, the Defendant established the second collateral security and repaid the Plaintiff’s debt amount of KRW 20 million to H with the money borrowed from H.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3, Eul evidence 1, Eul evidence 2, Eul evidence 2, witness H's testimony, the purport of whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1 is that the Defendant disposes of the instant land with excessive debt to the Plaintiff so that it can be used for the repayment of its debt.

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