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(영문) 의정부지방법원 2018.07.11 2017가단109762
대여금
Text

1. The plaintiff's claim is dismissed.

2. The defendant on June 3, 2009 to the plaintiff succeeding intervenor 52,121,070 won and its related amount.

Reasons

1. Basic facts

A. On June 2, 2008, the Defendant issued to D the Plaintiff’s son a certificate of personal seal impression and identification card issued on the same day after the receipt of the loan (after the receipt was supplemented by the Plaintiff; hereinafter “the loan certificate of this case”) in blank condition, and issued a certificate of personal seal impression and a certificate of personal identification card attached to D on the same day. The Defendant also issued a letter of proxy as to the commission of preparation of authentic deeds (hereinafter “the Promissory Notes of this case”) with the face value of KRW 90 million for the same day, the date of payment, the date of payment, the issuer, the Defendant, the addressee, and the beneficiary, and the promissory Notes in blank condition of the issue date (hereinafter “the Promissory Notes of this case”).

B. On June 2, 2008, the Plaintiff transferred 52,121,070 won (hereinafter “instant loan”) from the bank account under the name of the Defendant to the account in the name of the Defendant G bank account, and entered the account holder into “H company”.

C. On May 22, 2008, the Defendant completed the registration of ownership transfer with respect to J apartment K (hereinafter “instant apartment”) on the Republic of Korea and four parcels, and on the same day, completed the registration of ownership transfer with respect to L Co., Ltd. with the maximum debt amount of KRW 714 million.

On the other hand, the defendant Na.

After receiving the remittance of KRW 52,121,070 as stated in the foregoing paragraph, on June 2, 2008, the Plaintiff completed the registration of the right to claim ownership transfer on the ground of the pre-sale agreement, but at the time, the Defendant issued the real estate purchaser a certificate of personal seal impression in the name of the Defendant as the Plaintiff to D, and thereafter the provisional registration was cancelled on the ground of sale due to voluntary auction on December 16, 2009.

Meanwhile, on November 12, 2008, M&A, at the request of the Plaintiff holding the power of attorney of the Defendant as the issuer, the payee and the issuer’s agent, and upon the request of the Plaintiff, issued a promissory note No. 615 on the same day (However, the payee was supplemented by the Plaintiff, the date of issuance, November 12, 2008) with respect to the Promissory note No. 615 on the same day, if delay in the payment of the amount of the promissory note, shall be deemed as compulsory execution (hereinafter “instant promissory note No. 1”).

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