logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.05.17 2017나2015841
근저당권말소
Text

1. Of the judgment of the court of first instance, the amount ordered by the following paragraph 2 in regard to the part concerning the principal lawsuit and the counterclaim.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. 1) The defendant on March 11, 2005 (the representative E, hereinafter referred to as "D") is a corporation D (the representative E, hereinafter referred to as "D").

B) Between D and D, an interest rate of KRW 450 million was KRW 50 million per month, and the due date was set on March 1, 2007, and the Defendant loaned KRW 450 million to D. (2) The Defendant agreed to convert KRW 100 million out of the above loans into the investment in F Co., Ltd. with the representative director E, and thus, the Defendant’s principal claim on D was KRW 350 million.

D on July 13, 2006, the Defendant paid the above KRW 350 million.

B. 1) On July 14, 2006, the Defendant entered into the instant real estate owned by G, the father of E, “the maximum amount of claims KRW 350 million, KRW 150 million, KRW 150 million, KRW G with the debtor and the creditor and the mortgagee, and KRW 200, KRW 1000, KRW 200, KRW 3500,000, KRW 200, KRW 200, and KRW 200, KRW 200, KRW 200, KRW 2

[2] The loan of this case is KRW 350 million on the same day (hereinafter “the loan of this case”).

(2) On July 14, 2006, E transferred KRW 350,000,000,000 to the account in the name of D on the date of repayment or interest on the instant loan.

3) On July 18, 2006, the Jungyang District Court, the Namyang District Court, the Namyang District Court, the registration of establishment of the right to collateral security (hereinafter “the right to collateral security”) as the defendant of the contract on July 14, 2006, the maximum debt amount of which was KRW 350 million, G, and the right to collateral security (hereinafter “the right to collateral security”) was completed on July 14, 2006. On the other hand, with respect to the instant real estate, the above registration office was accepted on November 7, 2005 as of November 18146, 2005, “the right to collateral security (the right to collateral security), the contract, the maximum debt amount of which was KRW 1.3 billion, the debtor D, and the National Bank of Korea Co., Ltd. (hereinafter “National Bank”).

arrow