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(영문) 대구지방법원 2019.09.25 2018나2781
대여금
Text

1. Of the judgment of the first instance, KRW 4,324,565 against the Plaintiff and the Plaintiff shall be fully paid with respect to the Defendant from August 30, 2013.

Reasons

1. Facts of recognition;

A. On March 2, 2011, C loaned KRW 5,00,000 to D, which is the Defendant’s husband, to D, but agreed to pay KRW 675,00 each month from March 2, 201 to December 2, 2011, and the Defendant guaranteed D’s above debt.

(b) (hereinafter “First Loan”). (b) On May 26, 201, C agreed to lend KRW 3,000,000 to the Defendant on the condition that it will be paid KRW 405,000 each month from May 26, 2011 to February 2, 2012 (hereinafter “Second Loan”). (c)

On December 23, 2011, the Plaintiff leased KRW 10,000,00 to the Defendant at interest rate of 25% per annum and due date of repayment on December 23, 2014.

(D) On March 3, 201, the Plaintiff completed the establishment registration of a mortgage (hereinafter referred to as “first mortgage”) with respect to the fourth-story multi-household house E located in Daegu-gu, Seoul-gu (hereinafter referred to as “instant real estate”). Under the agreement with C, the Plaintiff completed the establishment registration of a mortgage (hereinafter referred to as “first-class mortgage”) on the security of the first loan by designating the maximum debt amount of March 3, 201 as the obligor D and the Plaintiff as the holder of a right to collateral security (hereinafter referred to as “first-class mortgage”). ② Under the agreement with C, the Plaintiff completed the establishment registration of a mortgage (hereinafter referred to as “second-class mortgage”) on May 27, 201 with the security of the second loan as a maximum debt amount of loans, KRW 5,00,000, the debtor D and the Plaintiff as the mortgagee, and the mortgagee of a right to collateral security (hereinafter referred to as “third-party mortgage”).

C On June 13, 2012, upon adding the principal and interest of the first and second loans to the Defendant, C re-written a loan certificate stating that the principal and interest of the second and second loans shall be KRW 8,500,000 to the Defendant at interest rate of 2%, and the Plaintiff guaranteed the Defendant’s above obligation.

F. In the voluntary auction procedure for the instant real estate on August 29, 2013, the Plaintiff received dividends of KRW 5,00,000 based on the first collateral security right, KRW 8,886,916 based on the second collateral security right, and KRW 2,916 based on the third collateral security right.

G. Meanwhile, the Defendant from December 24, 201 to August 16, 2012.

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