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(영문) 제주지방법원 2017.07.07 2016가단614
저당권설정등기말소
Text

1. The Defendant shall pay KRW 13,00,000 from the Plaintiff and 12% per annum from October 16, 2012 to the date of complete payment.

Reasons

Basic Facts

A. The registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) was completed with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each real estate of this case”) with the Jeju District Court Seopopo District Court’s 34833, Sept. 5, 2012, the amount of which is KRW 100,000,000, and the due date of repayment of which is December 31, 2012; 12% per annum; the debtor; the debtor; the debtor; the mortgagee; and the debtor; the mortgagee; and 20% per annum.

B. On September 4, 2012, 5,000,000 won for the Plaintiff and the Plaintiff for the same year

9. Each loan of KRW 5,00,000, and KRW 3,000,000 on October 16 of the same year was lent to C, and the Plaintiff paid each of the above amounts to C.

C. Since then, the company was declared bankrupt by Jeju District Court No. 2015Hau4, and the defendant was appointed as the trustee in bankruptcy of the company.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 8 (including the provisional number), and the purport of the entire pleadings, asserted by the plaintiff as to the purport of the whole pleadings, are the secured debt of the registration of establishment of the mortgage of this case, which is claimed by the plaintiff, based on the total amount of KRW 13,00,000 that the defendant lent to the plaintiff at the time of the above registration, and damages for delay at the rate of 12% per annum from October 16, 2012, and there are profits to confirm

The defendant's assertion C embezzled the money received from the ordinary company's wages without paying it to the worker at his own discretion, and the ordinary exchange company has a damage claim of about KRW 100 million against C, and the registration of the establishment of the mortgage of this case was completed to secure this. Therefore, the secured claim of the registration of the establishment of the mortgage of this case is KRW 100 million.

Judgment

First of all, according to the results of the order to submit each financial transaction information to Korea bank, enterprise bank, and Jeju bank with respect to the secured debt at the time the establishment registration of the instant mortgage was completed, and each of the orders to submit financial transaction information to Korea bank, enterprise bank, and Jeju bank, the ordinary exchange company pays C totaling KRW 101,457,500 from May 15, 2012 to November 20, 2012.

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