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(영문) 부산지방법원동부지원 2017.07.21 2015가합1986
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant agreed to set up a collateral security right on the instant real estate owned by the Plaintiff to secure the money invested in D with respect to the money invested in D, after hearing an explanation from D, which is the human-friendly relationship of LG Group. However, the Defendant agreed to set up a collateral security right on the instant real estate owned by the Plaintiff for the purpose of securing the money invested in D.

B. On December 29, 2011, the Plaintiff entered into a mortgage agreement with the Defendant regarding the instant real estate (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 200,000,000,000. On the same day, the Plaintiff completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of the instant real estate”) with the Busan District Court’s Branch Branch No. 128027, Dec. 29, 201, regarding the instant real estate as the maximum debt amount of KRW 200,000,000,000, the Plaintiff, and the mortgagee as the Defendant.

In the instant mortgage contract, the maximum amount of KRW 200,00,000 as to the secured obligation shall be set as the maximum amount. At present, in the future, it is stated that the instant real estate is set up as a collateral common to the obligations on bills, all kinds of loans, transaction obligations, guaranteed obligations, and all other obligations owed by the debtor against the creditor in the future.

C. The Plaintiff received payment of KRW 150,000,000,000 from the Defendant on December 30, 201, and KRW 50,000,000 on February 7, 2012, and remitted to D’s borrowed account.

On January 19, 2012, the Plaintiff repaid to the Defendant KRW 30,000,000 borrowed from the Defendant around 2010.

E. On January 20, 2012, the Defendant deposited KRW 30,000,000 from one’s own national bank account (E) and KRW 50,000 from another national bank account (F) and lent to the Plaintiff.

F. On January 30, 2012, the Plaintiff prepared a loan certificate of KRW 200,000,000 on the loan, and as of December 30, 2012 on the repayment date (hereinafter “the first loan certificate”) with the loan certificate of KRW 80,000,000 on the same day (hereinafter “the second loan certificate”), and issued it to the Defendant.

(g)...

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