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(영문) 인천지방법원 2016.04.26 2015가합58248
기타(금전)
Text

1. The plaintiff's main claim is dismissed.

2.(a)

Each real estate listed in the separate sheet No. 1 between the defendant and C.

Reasons

1. Basic facts

A. On November 11, 201, the Plaintiff prepared a certificate of loan with the content that: (a) the primary debtor jointly and severally liable C and D; (b) the loan amount of KRW 200 million; (c) December 31, 2013; and (d) the interest rate of KRW 18%; and (d) remitted each of KRW 100 million to the national bank account in the name of D around November 18, 201 and November 21, 2011.

On October 14, 2013, the Plaintiff prepared a certificate of loan with the content that the principal debtor and D are jointly and severally liable and the principal debtor and D, the loan amount of KRW 100 million, the due date of repayment of the loan amount of KRW 30 million, December 31, 2013, and the interest rate of KRW 18% per annum, and remitted KRW 100 million to the account in the name of the Nonghyup Bank, the representative director of which is, around October 14, 2013.

Since then, the Plaintiff received reimbursement of KRW 30 million from C and D around early 2014.

B. Around August 12, 2013, the Defendant lent KRW 300 million to C and D at the rate of 1.5% per month of maturity, and received a promissory note issued by E Co., Ltd., the face value of which is a blank space to secure the loan, and received each provisional registration for each real estate listed in the separate sheet 1 and 2.

C. Accordingly, on August 12, 2013, the Defendant completed the provisional registration of each right to claim ownership transfer (hereinafter “the provisional registration of this case”) under Article 20393 of the same registry office as to each real estate listed in the separate sheet No. 20394, which was received on August 13, 2013, and as to each real estate listed in the separate sheet No. 20393, August 13, 2013.

Since then, based on the above provisional registration on May 27, 2014, the Defendant completed each ownership transfer registration (hereinafter “instant ownership transfer registration”) under the receipt No. 14556 on May 30, 2014 by the same registry office with respect to each real estate listed in the separate list No. 14556 on May 30, 2014, and under the receipt No. 14558 on May 30, 2014 by the same registry office.

E. On the other hand, with respect to each real estate listed in the separate sheet Nos. 1 and 2, the debtor C, D, and collateral security holders as of May 31, 2013 at the same registry office No. 13654.

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