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(영문) 대전지방법원 2020.07.23 2019가합106402
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 2, 2018, the Plaintiff entered into a monetary loan agreement with C to lend KRW 400,000,000 (hereinafter “instant loan agreement”) as follows.

1. D, E, F, and G land in Chungcheongnam-gun, Chungcheongnam-gun, Daejeon-gun, 118 square meters in collateral, E 3,024 square meters in a planned control area, 7,082 square meters in a planned control area, H 4,041 square meters in a planned control area, 15,365 square meters in a planned control area (4,649 square meters);

2. The borrower (C; hereinafter the same shall apply) shall decide to register the creation of a first-class collateral at a certified judicial scrivener office designated by the lender (hereinafter the plaintiff; hereinafter the same shall apply) with respect to the land that is the collateral above the maximum debt amount, and the maximum debt amount shall be 520,00,000 won equivalent to 130% of the loan amount.

3. The borrower shall pay 400,000,000 won of the loan until November 30, 2018.

Provided, That if there are circumstances, it may be extended for six months.

4. The repayment shall be made to KRW 800,000,000,00 of the borrowed principal in consideration of the method of the repayment and the characteristics of the borrower.

However, the lender consents to the repayment of the repayment in consideration of the timing of sale and the financial situation of the borrower at the time of sale.

(5) On May 1, 200, the borrower will have only the right to execute, execute and sell the land, and if the lender so wishes, the ownership of the land on which the right to collateral security has been created shall be transferred to the lender.

The borrower shall obtain the consent of the lender when transferring the ownership of the mortgaged land. C K LIJ

B. On April 15, 2019, the Plaintiff sent a content-certified mail demanding C to pay the agreed amount of KRW 800,000,000 to C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, purport of whole pleadings

2. The plaintiff's assertion

A. The Plaintiff was introduced by the branch M, the representative director of the Defendant, C.

B. C is running a new village development project at the Da-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the project fund is the project fund.

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