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(영문) 대구지방법원 경주지원 2018.06.19 2017가단2840
대여금
Text

1. Defendant C is entitled to KRW 16,323,450 on the part of the Plaintiff within the scope of the property inherited from the net F, as well as on the part of the Plaintiff.

Reasons

Facts of recognition

The following facts may be acknowledged, either in dispute between the parties or in full view of the descriptions of Gap evidence 1 to 8, Eul evidence 1 and 2, and the whole purport of pleadings:

On July 25, 2008, the Plaintiff loaned KRW 250,000,00 as business funds to G Co., Ltd. (hereinafter “G”) on July 25, 2008, with interest rate of KRW 2.5% per month and on December 30, 2010.

(hereinafter “instant loan”). In addition, H guaranteed the instant loan obligation.

B. On July 25, 2008, F, in order to secure the instant loan obligation, completed the registration of creation of a neighboring mortgage, which is 250,000,000 won for the maximum debt amount with respect to the F-owned 582 square meters of land, the above ground buildings, and the 19 square meters of the J-Si, Sejong-si (hereinafter “F-owned each real estate”).

H In order to secure the instant loan obligation, H completed the registration of creation of a mortgage in the vicinity of the maximum debt amount of 200,000,000 (hereinafter “H-owned each real estate”) with respect to the Plaintiff’s 159, K-si, L 342, and 147, P-si, Busan (hereinafter “H-owned each real estate”).

C. After that, G as joint and several sureties with respect to the instant loan, the debtor, the plaintiff, and the F are joint and several sureties, and 50,000,000,000 won out of the loan 250,000,000 won out of the loan 20,000,000 won, the remainder of 200,000,000 won shall be March 30, 2009, and the joint and several sureties period shall be 10 years, and the interest shall be 2.5% from November 26, 2008, the authentic deed of a debt repayment contract (No. 2812, 208, which was signed by a notary public) signed on December 16, 208.

The F died on December 23, 2008, and at the time, there was Defendant C, D, and E, the wife, as the inheritor.

E. On July 21, 2010, the Plaintiff applied for voluntary auction on the basis of the right to collateral security on each real property owned by F, Daegu District Court racing support NN.

The Daegu District Court rendered a voluntary decision to commence auction on August 3, 2010. In the above auction procedure, the Plaintiff received dividends of KRW 176,544,468 on February 23, 201.

F. Meanwhile, on the other hand.

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