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(영문) 부산지방법원 2017.10.12 2016가단342391
대여금
Text

1. The scope of KRW 78,818,614, which was concluded on February 28, 2013 between the Defendant and C with respect to the real estate indicated in the separate sheet shall be limited to KRW 78,818,

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 3; and (c) evidence Nos. 1 (including additional numbers); and (c) the purport of the entire pleadings as a result of the inquiry of the fact into the market

On September 20, 2012, the Plaintiff provided a loan to C on September 20, 2014, with a maturity of KRW 70 million as of September 20, 2014.

B. C did not pay some of the principal and interest of a loan that remains as of September 1, 2016. The loan principal remains as of September 1, 2016 is KRW 57,978,234, interest amounting to KRW 4,973,245, overdue interest amounting to KRW 15,867,135, and later overdue interest rate is 15% per annum.

C. C, on August 26, 2008, completed the registration of ownership transfer based on sale and purchase (transaction value of KRW 150 million) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On February 28, 2013, C entered into a contract to donate the instant real estate, the only real estate of which is the instant real estate, with the Defendant, as the wife, under a status exceeding his/her obligation (hereinafter “instant donation contract”), and completed the registration of ownership transfer to the Defendant on March 4, 2013.

With respect to the instant real estate, the right to collateral security (hereinafter referred to as “E”) created each of the following rights: (a) the maximum debt amount of KRW 60 million on June 18, 2009; (b) the obligor C; and (c) the Plaintiff as the Plaintiff; and (d) the right to collateral security (hereinafter referred to as “E”) was created on February 8, 2012; (b) the obligor D; and (c) the right to collateral security (hereinafter referred to as “E”) was transferred under the name of the Defendant on March 4, 2013; and (d) the right to collateral security was cancelled between May 19, 2014 and March 20, 2015; and (e) the right to collateral security was newly created on March 27, 2015, with the maximum debt amount of KRW 130 million; and (e) the obligor; and (e) the Plaintiff as the Plaintiff.

E. C filed an application for individual rehabilitation with the Changwon District Court 2016 Congress 21269 on June 27, 2016 and filed an application for individual rehabilitation from the said court on September 20, 2016.

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