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(영문) 서울중앙지방법원 2017.01.13 2016가합528606
대여금
Text

1. The Defendants jointly pay to the Plaintiff KRW 550,00,000 and the interest rate thereon from June 1, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff around September 2005, around September 2005, is the Defendant B (hereinafter “Defendant Company”).

A) On December 27, 2005, the due date for reimbursement of KRW 300 million was determined and lent as interest KRW 150 million (hereinafter “instant loan”).

(2) Defendant Company and Nonparty D (Defendant C, the representative director of Defendant Company)

On September 6, 2005, the Plaintiff issued a promissory note, the face value of which is KRW 450 million, and the due date of which is December 27, 2005. (2) The Defendants, on March 28, 2007, issued to the Plaintiff a promissory note, the face value of which is KRW 550 million, the due date, and June 29, 2007 (hereinafter “instant promissory note”) with the purport that a compulsory execution shall be acknowledged at the time of delay in the payment of the amount of the Promissory Notes (Evidence 2) and “a notarized to pay KRW 550 million until June 29, 2007,” respectively, shall be liable for the civil liability if not repaid (Article 30,500,000,000).

B. On December 6, 2006, the Plaintiff received a provisional disposition order with respect to the land of Gangwon-gun, Gangwon-gun, Gangwon-gu, Seoul Special Metropolitan City (hereinafter “the Plaintiff’s right to claim the cancellation of ownership transfer registration”). On December 11, 2006, the entry registration was terminated on April 5, 2007. In addition, on July 25, 2007, the Plaintiff received a provisional disposition order with respect to the Plaintiff’s “the right to claim the cancellation of ownership transfer registration based on the right to claim the cancellation of fraudulent act” from the above court, and on July 30, 2007, the Plaintiff received the provisional disposition order with respect to the Plaintiff’s “the right to claim the cancellation of ownership transfer registration based on the right to claim the cancellation of ownership transfer registration based on the right to claim the cancellation of fraudulent act.”

(2) On December 10, 2014, the above real estate was sold and cancelled during the voluntary auction procedure. (3) Defendant C is about the land of the Jin Changwon-gun owned by it on July 12, 2007.

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