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(영문) 창원지방법원 2019.07.18 2018가합54760
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 445,00,000 won and the period from September 11, 2018 to July 18, 2019.

Reasons

1. Facts of recognition;

A. Each of the instant loans and joint and several sureties leased KRW 1,500,000,000 in total to Defendant B by setting the due date and interest as indicated below (hereinafter “the instant loans” in accordance with the sequences, and the sum of these loans collectively referred to as “each of the instant loans”), Defendant C (the father of Defendant B), and Defendant D (Defendant B’s wife) jointly and severally and severally guaranteed the loans of KRW 1,50,00,00.

Serial 12,00: 0.30.30.30,000 on September 13, 2013; 200,00 C.30,00 on May 31, 2014 (100,000,00) / 12,00 on June 12, 2014 (50,000), 10,000 won on November 10, 200, 1-1-10, 100, 100.30.30, 20.4. 10, 200, 200.3. 10, 200. 30, 18. 10,000, 30,000, 200, 000, 10-4, 10, 304, 204. 17. 20, 204

B. On October 21, 2016, Defendant C sold real estate for KRW 3,250,000,000 (hereinafter “instant sales contract”) as indicated in attached Table 1 between the Plaintiff and the Plaintiff on October 21, 2016 (hereinafter “instant sales contract”).

On December 12, 2016, the Plaintiff completed the registration of ownership transfer on the said real estate (Evidence A 3-1), and Defendant B paid KRW 200,000,000 as a check to be used by the Plaintiff for the cancellation of attachment completed the said real estate at around that time, and paid KRW 39,00,000 to a certified judicial scrivener on behalf of the Plaintiff as part of the expenses, such as acquisition tax, etc. on the said real estate.

(A) The Plaintiff acquired the secured debt of KRW 2,00,000,000 for the secured debt of the right to collateral security established on the said real estate, and KRW 50,00,00 for the obligation to return the lease deposit, and paid KRW 321,592,980 for the amount in arrears of the Plaintiff C, and KRW 3,53,380 for the public sale (A).

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