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(영문) 수원지방법원 2016.09.23 2016나57366
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On November 2, 2012, the Plaintiff decided to borrow KRW 200 million from the Defendant, and on the same day, the Plaintiff completed the registration of the creation of the right to collateral security (hereinafter “the right to collateral security”) with respect to 44 real estate owned by the Plaintiff to the Defendant, the Suwon District Court Branch of Sung-nam Branch of the Sungwon District Court, No. 67816, Nov. 2, 2012, as the receipt of the maximum debt amount of KRW 300 million (hereinafter

On December 10, 2012, the Plaintiff agreed to borrow KRW 150 million from the Defendant. On the same day, the Plaintiff completed the registration of the creation of the right to collateral security (hereinafter referred to as “second right to collateral security”) with respect to the said 44 real estates as the receipt of the said registry office by Article 75916.

B. The details of deposits and withdrawals from the Plaintiff’s former representative E account in connection with each of the above loans and establishment of the right to collateral security are as follows:

1) On November 2, 2012, the Defendant received KRW 100,000 (Defendant 2) from 19,587,500 on November 2, 2012, KRW 30,00 on deposit (creditor interest) and received KRW 15,70,50 on November 2, 2012 (loan Fee) KRW 4), KRW 713,00 on deposit (loan Fee) KRW 50,00 on November 2, 2012 (Defendant 6), KRW 100,00 on deposit with KRW 205,00 on December 10, 2012 (Defendant 7,200,000 won) and KRW 10,50,000 on deposit with Plaintiff 2,50,000 on December 11, 2012 (Defendant 2,00,000 won on deposit with Plaintiff 10,000 won on December 18, 2012).

C. On March 29, 2013, the Plaintiff repaid the Defendant KRW 210 million out of the respective loans. D.

On March 29, 2013, the Plaintiff entered into a monetary loan agreement with the Defendant, the principal of the borrowed loan amounting to KRW 1555 million, the loan period from March 29, 2013 to June 28, 2013, and the interest rate of KRW 3% (hereinafter “instant loan agreement”).

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