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(영문) 광주지방법원장흥지원 2020.11.25 2019가단655
양수금
Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 12% per annum from July 31, 2019 to the day of complete payment.

Reasons

1. Basic facts

가. 원고는 C의 시숙(媤叔)이고, C과 D는 거래관계, D는 E의 아들이며, E과 F은 지인관계, F은 피고의 실질적인 대표자이다.

B. C filed a complaint with the investigative agency on the ground that it received money without the intention or ability to supply the cosmetics, as it supplied only the cosmetics equivalent to KRW 50,000,00,00 not known as being for export, even though C intended to be supplied with the LG cosmetics for export and paid money equivalent to KRW 360,000 to D.

C. E requested F to obtain favorable results upon receipt of the written withdrawal of a complaint from C in a criminal case against D, and F prepared, on May 12, 2017, a loan certificate (hereinafter “the loan certificate of this case”) with the following contents as follows. On May 15, 2017, E created a collateral security (hereinafter “mortgage”) with a maximum debt amount of KRW 150,000,000 on the land of Chungcheong-gun G in the name of the Defendant (hereinafter “instant collateral security”) on the land of Chungcheong-gun, Chungcheong-gun, Chungcheongnam-gun (hereinafter “instant collateral security”).

The daily loan certificate: The address of the Co., Ltd. (Defendant) : The above amount shall be set up by collateral security, including interest of KRW 150,000,000,000,000 (150,000,000): The above amount shall be paid by May 31, 2018, on the land of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheong-gun, with the intention to pay the above amount by May 31, 2018.

No creditor may enforce compulsory execution against the above immovables before the above date.

on May 12, 2017, E (Plaintiff’s signature and private person) by the representative F (private person) of the Bank of Korea in the interest of the borrower.

D. On January 22, 2019, on the ground that the Plaintiff did not receive the above KRW 150,000,000, the Plaintiff received a voluntary decision to commence auction on the ground of the said collateral security, but received a decision to dismiss the auction cancellation on June 5, 2019 on the ground that the Plaintiff did not remain if it repaid the charge of real estate taking precedence over the Plaintiff’s claim.

[Reasons for Recognition] Unsatisfy, Gap's 1, 2, 3, 6.

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