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(영문) 의정부지방법원고양지원 2016.09.21 2015가합73623
대여금
Text

1. The Defendant (Counterclaim Plaintiff) B and the Defendant C Co., Ltd. are jointly and severally liable, but the Defendant (Counterclaim Plaintiff) B are from the network D.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. D’s establishment of a right to collateral security, preparation of a loan certificate by Defendant Company, and establishment of a right to collateral security (1) on October 24, 2012, each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) to the Plaintiff on October 24,

(2) As to the establishment registration of a neighboring mortgage of Daejeon District Court No. 8714, No. 8714, Oct. 22, 2012 (hereinafter “the establishment registration of a neighboring mortgage of this case”), the establishment of a mortgage of KRW 400,000 (hereinafter “the establishment registration of a mortgage of this case”).

2) On June 5, 2013, the Defendant Company: (a) 1.00 million Won per centl30,000,000 won per annum to the Plaintiff.

H. The above amount was borrowed from the Defendant Company with managerial capital difficulties.

The loan certificate of this case does not exceed "the loan certificate of this case".

B Preparation and delivery was made and made on June 19, 2013, the Plaintiff was 6,243 square meters of land for factory E in Chungcheongnam-gun, Chungcheongnam-do and above ground factories and buildings owned by the company (hereinafter referred to as “company land and buildings”).

On June 5, 2013, the registration of creation of a mortgage in the name of the company is called the registration of creation of a mortgage in the name of the company, the maximum debt amount of KRW 515,730,000 for establishing a contract.

207.

B. The death of Defendant D and the injury of Defendant B below the qualified acceptance D

A) On December 26, 2014, the deceased’s spouse F and H, and H renounced the deceased’s inheritance, and Defendant B, the deceased’s children, filed a report on qualified acceptance of the deceased’s inheritance on April 29, 2015, with the Daejeon Family Court’s official branch support 2015-Ma40, and received an adjudication accepting the said report on April 29, 2015. [In the absence of any dispute over the grounds for recognition, evidence Nos. 3-1, 2, 15, 16, 4, 1, 2, and 7, and the purport of the entire pleadings.

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion 1 as to the cause of the claim was that from around 1992 to around 2013, the Plaintiff lent the principal amount of KRW 350 million to the Deceased and the Defendant Company, and the Deceased recognized the principal and interest of the above loan as KRW 400,000 on around 2012.

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