(영문) 대구고등법원 2019.06.12 2019재나11

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(영문) 대구고등법원 2019.06.12 2019재나11

부당이득금반환

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1. The plaintiff (the plaintiff)'s action for retrial of this case shall be dismissed.

2. The costs of the retrial are assessed against the plaintiff.

Reasons

1. The following facts, such as the confirmation of the judgment subject to a retrial, are apparent or apparent in records in this court:

With respect to each real estate listed in the separate sheet No. 3698, Jun. 12, 1990, the Daegu District Court Port Registry No. 36698, which was received on June 12, 1990, and No. 2239, which was received on January 15, 1991, the Plaintiff completed each maximum debt amount of KRW 150,000,000 and each registration for the establishment of a new mortgage (hereinafter referred to as the “registration for the establishment of a new mortgage of each of the instant real estate”).

B. 1) After that, the Plaintiff filed a lawsuit against the Plaintiff, asserting that the establishment registration of each of the instant neighboring areas was null and void, or that the mortgage contract was terminated, against the Plaintiff, seeking the cancellation of the establishment registration of each of the instant neighboring areas under the Daegu District Court 92 Gohap1650, which filed a counterclaim against the Plaintiff, claiming that the Plaintiff obtained a loan from the Plaintiff or provided a joint and several guarantee for another person’s loan obligations more than 10 times as shown in the separate loan list from September 11, 1990 to March 14, 191, as shown in the separate loan list No. 2, the Plaintiff filed a counterclaim against the Plaintiff seeking payment of KRW 260,500,000 with the Daegu District Court 92Ga167, Daegu District Court 90,000,000,000 won for the total amount of loans No. 8,999,000 won, but the Plaintiff asserted that the principal debt and the principal debt under the name of the Plaintiff and the promissory note were forged.

3) Regarding the total amount of loans of KRW 90 million listed in No. 2 through No. 7 in the loan list No. 2 on February 11, 1993, Daegu District Court racing support, the relevant loan documents (hereinafter “each of the loan documents of this case”) shall be admitted as evidence for its use.

The plaintiff's joint and several sureties is recognized, and the total amount of 145 million won stated in 10,000 won is recognized.

유사 판례

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