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(영문) 대구지방법원 2015.05.14 2014나6433
배당이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On August 19, 2009, E borrowed the amount of KRW 150 million from F to F, and then borrowed the amount of KRW 271 million in total from F. (2) E received KRW 135 million out of the borrowed amount and delivered the borrowed amount of KRW 150 million to F. After receiving additional KRW 135 million from F, E prepared a loan certificate stating the borrowed amount of KRW 150 million (hereinafter “the first loan certificate in this case”). After receiving additional KRW 150 million, E again prepared a loan certificate stating the borrowed amount of KRW 150 million (hereinafter “the second loan certificate in this case”) and received the first loan certificate in this case.

3) G and mother, who are his father and mother, entrusted E with the authority to establish a right to collateral security for the E’s debt to their own real estate, and E borrowed KRW 300 million to F, the Plaintiff borrowed KRW 300 million, and as a security therefor, the Plaintiff borrowed KRW 300 million to F, and as a security therefor, offered the real estate “the instant real estate” (hereinafter referred to as the “instant real estate”). G is the debtor E, the offerer, and the creditor, who are written in G, and the creditor, not written in writing, on November 17, 2009 (hereinafter referred to as the “third evidence of this case”).

2) On November 11, 2008, F was granted KRW 570,75,00 from the Defendant as an investment deposit, and F borrowed KRW 10,000,000 on August 28, 2009 on August 28, 2009.

2 The F shall, after receiving a request from the Defendant for the payment of the above investment amount, etc. on March 2010, be made to the Plaintiff, G, and E.

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