logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.12.11 2019나62802
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On February 17, 2012, the Plaintiff prepared and delivered a certificate of secured loan (No. 1; hereinafter “certificate of loan in this case”) from the Defendant, and the said certificate of loan is indicated as follows:

The borrowed amount of the instrument borrowed with a security interest: the lender’s contact value (Won 60,000,000): The lender’s (Handphone number) confirms that the borrower will borrow the above amount to the Plaintiff and pay in cash not later than May 20, 2012.

3. The borrower will provide the following collateral as of the date of borrowing for the foregoing debt guarantee and, if the repayment exceeds the date of repayment, the creditor will be exempted from any voluntary disposal and will not raise any objection.

[] Real property name: The market price in the contract for sale in lots of marine transportation Daegu C apartment (D) in Busan City: The Plaintiff (sealed) creditor of the above debtor on February 17, 2012 on the date of borrowing the daily gold KRW 217,000,000 (Won 217,000,000) (the parties’ agreement)

B. On February 17, 2012, the Plaintiff remitted KRW 20 million to the Defendant’s account and KRW 30 million to E’s account, respectively. On February 20, 2012, the Plaintiff wired KRW 10 million to the Defendant’s account.

C. The Plaintiff filed an application for provisional seizure of real estate with the Busan District Court Decision 2012Kadan13210, with the loan amounting to KRW 63 million as to real estate owned by the Defendant, and received a provisional seizure order on January 3, 2013.

On February 12, 2013, the Plaintiff filed a lawsuit against the Defendant on February 12, 2013 against the Busan District Court seeking the payment of the same amount as Busan District Court 2013Kadan12200.

On May 16, 2013, the Plaintiff drafted a written agreement (No. 5, hereinafter “instant agreement”) with the Defendant as follows:

The plaintiff and the defendant agree with respect to the above case of loans 2013da12200, letter of Gohap, 2013da1200.

The defendant shall pay KRW 3,00,000 to the plaintiff on the date of preparation of this Agreement.

The Plaintiff’s separate claim amounting to KRW 30,000,000 shall be paid to E.

arrow