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(영문) 서울동부지방법원 2017.04.06 2015가합3448
대여금
Text

1. Defendant (Counterclaim Plaintiff) and Defendant C jointly and severally with the Plaintiff KRW 300,008,641, and KRW 300,000,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On February 5, 2009, the Plaintiff loaned KRW 300 million (hereinafter “instant loan”) to Defendant B on February 5, 2010 with the introduction of Si-dong D, and Defendant C guaranteed the said loan debt.

On February 5, 2009, Defendant B created the right to collateral security (hereinafter “the right to collateral security”) with respect to the Plaintiff, 296,300,000 won with the maximum debt amount of KRW 390,000,000,000, the debtor, Defendant B, and the Plaintiff as the mortgagee, which was owned by Defendant B, and on the same day, the Plaintiff paid the Plaintiff KRW 296,30,000,000 after deducting the expense, etc. from the loan of this case.

The details of the transfer by Defendant B to D to D’s deposit account from February 18, 2009 to March 8, 2010 are as follows, and the amount is KRW 215 million in total.

Serial Date 1209-02-18 20 million won 7209-06-05 15 million won 2009-03-18, 2009-18, 32009-0315, 90 million won 9209-10, 4209-10-08 9 million won 42009-04-06 9 million won 2009-10, 500, 500, 500,000 won from 209-105, 300,000 won from 709-10, 29-29, 500,000 won from 50,000 won to 505,000,000 won from 209-100,000 won from 92,500,000 won from 95,000 won

Serial Date 1209-03-05 9 million won 5 2010-02-08 10,07-04 18 million won 62010-10-10-19 1,000, 3209-09-09 9 million won 72010-10-19 1,000, 42008-131, 6000-13, 6000, 7005-2008-2005, 7005, 600-2005, 600-9, 6005, 2000-9, 6005, 600-2005, 6005, 6000-1300,000 won

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