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(영문) 서울고등법원 2019.05.02 2018나2033808
청구이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the Plaintiff Company B (hereinafter “Plaintiff B”), and the Defendant is a person who operates the F Co., Ltd. (hereinafter “F”).

B. No. 1) The Defendant’s loan certificate, etc. No. 1) deposited KRW 180,000 on October 25, 2006 from the F’s account (National Bank G) operated by the Defendant, and deposited KRW 90,000 from the Defendant’s account (National Bank H) to December 12, 2006. 2) ① The Plaintiff prepared a loan certificate (Evidence A No. 3-2) and “the Plaintiff borrowed KRW 200,000 from the Defendant on October 25, 2006 as of June 25, 2007, with the content that “The Plaintiff borrowed KRW 36,000 from F (Defendant) on October 25, 2006, with the maturity of payment fixed as of June 25, 2007, and issued the certificate to the Defendant (No. 3).

(2) On December 12, 2006, the Plaintiff prepared a certificate of borrowing (No. 3-3) and issued to the Defendant a certificate of borrowing (No. 4) stating that “A borrowed KRW 200 million from F (Defendant) on December 12, 2006 as of June 25, 2007, with the effect that “A borrowed KRW 100 million from the Defendant on December 12, 2006, with the maturity of KRW 36% per annum and June 25, 2007,” and “A borrowed 200 million from the Defendant on December 12, 2006, with the maturity of KRW 36% per annum and June 25, 2007.”

(hereinafter referred to as “the borrowed money of December 12, 2006” (hereinafter referred to as “the borrowed money”).

Plaintiff

With respect to A’s creation and cancellation of the right to collateral security, the establishment of the right to collateral security and the right to collateral security on October 19, 2006 and the right to collateral security on December 14, 2006 and the right to collateral security on December 14, 2006, registered the establishment of the right to collateral security on the land and the right to collateral security on the land owned by A, and the right to collateral security on March 3, 2014.

(3) No. 3-2,3) d.

The defendant's delivery of the defendant's content certification and the delivery of the plaintiff A's letter to the plaintiff A on April 22, 2008.

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