logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.09.13 2018나52778
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts of the request;

A. On July 16, 2013, Nonparty C, the husband of the Plaintiff, lent KRW 100 million to Nonparty E on a loan of KRW 100 million to Nonparty D, and Nonparty D, on July 23, 2013, completed the registration of the establishment of a mortgage over the creditor C and the maximum debt amount of KRW 120 million on the registration of the establishment of a mortgage over the creditor C and the maximum debt amount of KRW 120 million on July 23, 2013, in order to secure the above debt of Nonparty D.

(E) Around September 2013, E had a close economic interest. (2) around September 2013, E concluded a sales contract to purchase five parcels of land, such as H land, etc. (hereinafter collectively referred to as “instant land”) under the name of D, but the purchase price is insufficient. However, upon cancelling the registration of creation of a neighboring mortgage, C would have purchased the instant apartment as collateral and made a promise to purchase the instant land with money borrowed as collateral and to repay the above KRW 100 million debt with additional loan of the instant land as collateral.

B. On October 11, 2013, upon receipt of the Plaintiff’s request from Nonparty F and K to help perform the registration affairs of the instant land by E, Nonparty F and K visited the office of a certified judicial scrivener who had been in office by the Defendant as the head of the office. At that time, the said office was only D, and C, which was known to the Defendant for a long time, was also playing with the Defendant.

(2) The Defendant rejected that there was no money, after hearing the phrase “F, was unable to borrow the registration cost from E”, which was waiting for E to prepare for the registration cost. However, the Defendant did not have any money.

(3) Accordingly, F, K, and D left the above office in order to meet E, and thereafter C lends 70 million won to the Defendant at the monthly interest rate of 3% per month, so C used as a registration fee (it seems that C is likely that the registration of ownership transfer of the instant real estate would have been able to receive KRW 100 million from E). It is the direction of C with the Defendant’s consent.

arrow