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(영문) 창원지방법원마산지원 2016.12.22 2015가단105196
대여금
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Within the scope of property inherited from the deceased C, 46.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 22, 2013, the Plaintiff purchased the instant building D’s ground (hereinafter “instant building”) located in Yongsan-gu, Changwon-si, Changwon-si, and C completed the move-in report on September 9, 2013.

B. On November 10, 2013, the Plaintiff and C prepared a lease contract with a rental deposit of KRW 50,000,000 for the first floor and underground sections of the instant building, and completed the registration of establishment of chonsegwon on December 11, 2013 (hereinafter “registration of establishment of chonsegwon”).

C. C took out a loan of KRW 25,000,000 (hereinafter “instant loan”) from the Seocho-gu Saemaul Savings Depository on December 20, 2013 (hereinafter “the instant loan”). On the same day, C completed the registration of the instant lease on a deposit basis with the maximum debt amount of KRW 32,50,000,000.

C operated the inspection of the name E in the instant building on April 16, 2015.

(hereinafter referred to as “the deceased”). E.

The defendant shall be the deceased's heir.

[Reasons for Recognition] Gap evidence Nos. 1, 8, Eul evidence Nos. 3-6 (including paper numbers), the purport of the whole pleadings

2. Determination as to loans and claims for indemnity during the principal lawsuit

A. 1) Comprehensively taking account of the overall purport of the arguments set forth in Evidence Nos. 2-5 of the Loan Claim No. 2-1, the Plaintiff may recognize that the Plaintiff lent KRW 24,400,00 as follows from October 24, 201 to May 6, 2015. The Defendant is obligated to pay KRW 10,000 on March 15, 2012, KRW 30,000 on a yearly loan (unit) to the Plaintiff on April 30, 200, KRW 10,000 on April 1, 200, KRW 30,000, KRW 10,000 on April 1, 2012, KRW 200, KRW 10,000 on June 2, 200, KRW 000, KRW 00 on June 14, 2012; and KRW 5,000 on May 16, 2010

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