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(영문) 서울남부지방법원 2018.10.18 2018나53731
대여금
Text

1. Revocation of a judgment of the first instance;

2. As to KRW 75,719,672 and KRW 26,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 5,719,672 on July 5, 2016.

Reasons

1. Basic facts

A. E entered into a contract with 23 households (total sale price of KRW 8,687,152,500), including the building H heading of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”) for the purchase of officetels 23 households (total sale price of KRW 8,687,152,50) at a discount sale price, intending to get profits from the market price by selling at discount, and purchase at KRW 6,734,860,490 from Company I (hereinafter “I”) on February 10, 2010.

B. E offered the said 23 households as security to the J union (hereinafter “J union”), and intended to pay the purchase price for the loan. Since it became known that there was a limit of loan to the same person, which is one person to deny the excess loan of KRW 500,000,000, E entered into a contract for sale in different names so as not to be subject to the said limitation, and sought the nominal owner to become the lender.

C. Upon N’s request, the Defendant borrowed the name of the buyer of the instant building, one of the said 23 households. On February 9, 2010, the instant sales contract was prepared at the office of office of office of office of office of office of office of office building of office building of office building of office building of office building of sales amounting to KRW 372,378,50,000 for the instant building of this case, and prepared an application for a loan of KRW 267,00,000 from J Union for the loan of KRW 267,00,000, and issued a certificate of personal seal and a certified copy of resident registration to establish the instant

In addition, the seal imprint has also been affixed to place a seal imprint as necessary.

Following the above process, around February 19, 2010, the total amount of 6,226,000,000 JA loans was executed with respect to the said 23 households, and the said 23 households, including the instant building, were paid as the purchase price.

E. However, in order for E to obtain the registration of ownership transfer for the above 23 generations, the second-class collateral security right is established that loans worth KRW 26 million per household to the above 23 generations (6,734,860,490,690-6,226,00,000 =50 + 508,860,490).

(f) Accordingly.

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