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(영문) 부산고등법원 2016.01.13 2015나120
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the first instance, except for the dismissal or addition of the following items of the judgment of the first instance, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 3, "(A No. 6, hereinafter, hereinafter referred to as "the loan certificate of this case")" is "(A. 6, hereinafter referred to as "the loan certificate of this case")", and each "the loan certificate of this case" of not more than 14 is "the loan certificate of this case".

Part 3, No. 16, “The Certificate of Pecuniary Use (No. 8)”, “The Certificate of Pecuniary Use (No. 8, hereinafter referred to as “the Certificate of Pecuniary Use”).”

In line with "A. 4. Each evidence and evidence mentioned above are added to "A. 2 through 5, and part of testimony and evidence of Party C by Party C". The part of "B - point" from Chapter 6 to Chapter 10 shall be added to "B," and the part of "not less than 17 to 21" shall be added to "B..........."

② Notwithstanding the existence of the loan certificate of this case with a loan worth of KRW 120 million, the right to collateral security (hereinafter “the right to collateral security of this case”) against the real estate of this case owned by the Defendant shall be the maximum debt amount of KRW 80 million, not the loan amount of KRW 120 million, which is the maximum debt amount of the Plaintiff’s assertion regarding the real estate of this case

In regard to this, the Plaintiff asserted to the effect that the loan certificate of this case was re-established and completed the registration of establishment of a new mortgage due to the shortage of expenses incurred at the time of the registration of establishment of a new mortgage, but it is difficult to obtain a prior confirmation of expenses incurred at the time the application for the registration of establishment of a new mortgage of this case was requested to a certified judicial scrivener office. Moreover, the Plaintiff thereafter secured a claim against the remainder of 60 million won, which is the difference in the loan certificate of this case and the loan certificate of this case.

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