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(영문) 서울중앙지방법원 2018.12.06 2017가단5136613
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the child of the deceased C (the deceased on November 6, 2009, hereinafter “the deceased”), and the Defendant is the deceased’s person.

As the inheritor of the deceased, the deceased is the wife D and E.

B. The Plaintiff, as her mother, donated a 3,964m2 (hereinafter “the instant real estate”) with the response of F, F,964m2 (hereinafter “instant real estate”) from D, the wife, and completed the registration of ownership transfer on June 28, 2003.

C. On December 27, 2005, the Defendant had 100 million won interest per annum from G, 10.8% per annum (0.9% per month), 1 year from the date of repayment from the date of loan (hereinafter “instant loan”), and the Deceased jointly and severally guaranteed the Defendant’s loan obligations to G. In order to secure the instant loan obligations, on behalf of the Plaintiff, on December 26, 2005, the Defendant completed the registration of the establishment of the instant real estate with the maximum debt amount of 120 million won per day prior to the said loan date on behalf of the Plaintiff.

(hereinafter referred to as "the instant collateral security". D.

On December 27, 2005, the Defendant received the instant loan from G and then delivered it to the Deceased immediately, and the said money was used by the Deceased to purchase the J-owned shares out of the total four real estate, including 109,151 square meters of land I forestry and fields, Silung-si, In the H auction procedure for Ansan District Court’s Ansan Branch of the Suwon District Court (hereinafter “Silung-si Forest”).

E. In addition to the above 100 million won borrowed from G as above, the defendant lent 300 million won from K on November 10, 2005 to the deceased, and the amount loaned directly to the deceased on his own money from December 27, 2005 to December 27, 2005 also reached a total of 300 million won, and the sum of 350 million won until March 2006 (after that, the defendant thereafter lent to the deceased an additional loan of 50 million won to the deceased on October 25, 2007). On December 30, 2005, the deceased prepared and executed the loan certificate as follows to the defendant.

It is confirmed that K borrowed the above amount of 100 million won which is the daily loan. The case is 100 million won of K's loan (or L collateral security at the same time) and G's loan.

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