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(영문) 서울동부지방법원 2016.12.26 2015가단49768
양수금
Text

1. Defendant C’s KRW 13,096,638 as well as 5% per annum from December 19, 2015 to December 26, 2016.

Reasons

1. Basic facts

A. The Defendant C, on June 24, 2003 (the Plaintiff asserts that this loan certificate was drawn up retrospectively in 2008), prepared and sealed the following loan certificates on behalf of the Defendant C (hereinafter “D”) on behalf of the Defendant B, and affixed the seal of Defendant B:

B G D EF

B. No. 2 of the No. 1 of the Promissory Notes No. 1 and No. 1 of the Promissory Notes No. 1) Defendant C prepared a loan certificate and a promissory Notes No. 1 to pay KRW 100,000,000 to June 30, 2010 with the column of the creditor column and the addressee column as the official column and delivered them to H who is the Plaintiff’s spouse (hereinafter “Secondary No. 1”).

(C) On April 30, 2012, the Plaintiff filed an application for provisional seizure of the real estate owned by the Defendant C, and entered the name of each of the respective Plaintiff in the creditor column of the copy of the loan and the payee column.

A A A C C The Plaintiff filed the instant lawsuit and stated the issue date column of the Promissory Notes as “Seoul Special Metropolitan City,” respectively, in the form of “Seoul Special Metropolitan City,” the place of payment, the place of payment, and the place of issue.

C

C. 1) On January 30, 2010, Defendant C borrowed KRW 50,00,000 from the creditor, and the total debt amount of KRW 73,00,000 among the obligations of the first proof remains, the total debt amount of KRW 123,00,000 is KRW 123,000,000 among them, and on June 30, 2010, the mortgage is terminated and the remainder of KRW 23,000,000 is due after consultation (hereinafter “instant agreement”).

2) The Plaintiff filed an application for provisional attachment of the amount of KRW 23,00,00 with the claim amount of KRW 23,00,000 on April 30, 2012, with the Seoul Central District Court 2012Kadan31566, which is the Seoul Central District Court, for the provisional attachment of the amount of KRW 974 square meters prior to L, Seoul Special Metropolitan City Kri (hereinafter “Kri”) owned by Defendant C, as follows: (a) C CBJ D2, the Plaintiff filed an application for provisional attachment of the amount of KRW 23,00,000; and (b)

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