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(영문) 대구지방법원 2016.12.01 2015가합207444
토지인도
Text

1. The Defendant (Counterclaim Plaintiff) delivered each real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The loan 1 of this case was introduced by the defendant Eul, who was the vice head of the E branch in Ansan-si, the NongHyup Bank around July 2005, and was the defendant D. around the same year.

7. 28. 28. Defendant D lent KRW 500 million to Defendant D (hereinafter “instant agricultural loan”).

2) On July 28, 2005, the Plaintiff was drawn up with a loan certificate from F and G as the debtor. 3) On January 9, 2006, the Plaintiff was drawn up with a loan certificate in the name of H, a corporation substantially operated by Defendant D.

4) On May 10, 2008, Defendant D paid KRW 300 million to the Plaintiff via F for repayment of the said loan. 5) On December 13, 2011, the Plaintiff filed a lawsuit against F and G seeking payment of KRW 500 million for the said loan under the Daegu District Court Port Branch Branch 201Gahap2383, 201. The said court affirmed the Plaintiff’s claim for the principal and interest on the loan to F and G, and rendered a judgment in favor of the Plaintiff on the ground that the said KRW 300 million was appropriated, and the said judgment became final and conclusive through the appellate court (Seoul High Court 2013Na2338).

(Amount of Acceptance: 455,038,037 won and damages for delay from May 2, 2008).

The Plaintiff loaned KRW 2.2 billion to Defendant D on October 29, 2005 (interest rate of KRW 30 billion per annum, maturity of January 28, 2006), KRW 700 million on January 19, 2006 (interest rate of KRW 30% per annum, maturity of February 2006), KRW 60 million on October 10, 207 (interest rate of KRW 30% per annum, maturity of February 28, 2008), and KRW 2.2 billion on October 10, 207 (interest rate of KRW 30% per annum, maturity of February 28, 2008), but between the Defendants and Defendant Limited Partnership (hereinafter “Defendant C”), KRW 10,000 on the total size of real estate owned by the Defendants, KRW 70,76,70,00 on each of the instant real estate and its neighboring real estate (hereinafter “Defendant C”), and KRW 27,707,76,27,27.

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