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(영문) 창원지방법원진주지원 2017.12.07 2016가합12017
청구이의
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the Deceased”) opened a G hospital with the wife F from January 200 to jointly operate the said hospital, and was divorced from F on February 23, 2016 and died on September 15, 2016 after completing the report of marriage with H on March 2, 2016. The Plaintiffs are children between the deceased and F.

B. On March 18, 2016, the Defendant entered into a lease contract with the Deceased to sell Exce 1.5T MRI 1 (hereinafter “the instant medical device”) for KRW 1.1 billion. After that, Hyundai Capital Co., Ltd. paid KRW 1.1 billion to the Defendant for the purchase of the said medical device, and entered into a lease contract with the Deceased on April 25, 2016 by setting the acquisition cost as KRW 1.1 billion and the lease period as KRW 48 months from April 25, 2016 to April 20, 2020. The Defendant installed the said medical device at the hospital of the Deceased.

C. On the other hand, on April 29, 2016, the Defendant, the Deceased, and H prepared a notarial deed of a monetary loan contract for consumption (hereinafter “notarial deed”) as a notary public, Korea-style Law Firm No. 274, 2016, stating, “The Defendant shall, on April 29, 2016, lend KRW 3.3% per annum to the Deceased and the due date specified on April 29, 201, and KRW 600 million shall be loaned to the Deceased, and H shall guarantee and approve the Deceased’s above obligation within the limit of KRW 70 million within the limit of KRW 70 million.” On the same day, the Defendant sent KRW 600 million to the Deceased.

On May 2, 2016, the Deceased completed the registration of the establishment of a neighboring mortgage (hereinafter the instant collateral security right) with respect to the land and building owned by the Deceased on May 2, 2016, including the amount of loan debt based on the said notarial deed as the secured debt, under title 11807, which was received on May 2, 2016 from the Changwon District Court, Seocheon District Court, Seocheon Registry, 11807, the maximum debt amount is KRW 720,000,000,000, the deceased, and the mortgagee and the mortgagee as the Defendant.

On November 29, 2016, the Defendant issued the instant notarial deed with the Seoul Western District Court 2016TTT 55977, Nov. 30, 2016, the Changwon District Court 2016TT 3193, and the Defendant’s order with the Changwon District Court 2016TT 3193, Nov. 30, 2016.

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