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(영문) 서울중앙지방법원 2015.02.17 2014가단10319
대여금
Text

1. The Defendants: (a) KRW 2,633,33, respectively, and KRW 5% per annum from December 24, 2013 to February 17, 2015, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s repayment of secured debt (1) and the Plaintiff and D (hereinafter “Plaintiff, etc.”) owned 1/2 shares of each of the instant land in Songpa-gu Seoul E, Songpa-gu (hereinafter “instant land”).

(2) On July 15, 2005, the Plaintiff et al. completed the registration of the establishment of each of the nearest mortgage I company and the maximum debt amount of KRW 120 million on December 11, 2006, with respect to the instant land, in order to secure the debt of G Co., Ltd. (hereinafter “stock company”) operated by F, a South East East East East Korea, with respect to the instant land.

(3) The Plaintiff failed to repay the above debt by the G company and the H company applied for auction in sequential order. On March 19, 2008, the Plaintiff paid 80 million won to the H company and 95 million won to the H company on February 18, 2009, respectively. The registration of establishment of each of the above root units was cancelled around the date of repayment.

B. The Plaintiff’s litigation cost disbursement (1) G company transferred to the Plaintiff, etc. three times from April 12, 2007 to May 21, 2007, a total of KRW 35610,000,000 to the J, etc. of G company, etc., in order to secure the obligation of reimbursement against the Plaintiff, etc. due to the exercise of each of the above collateral security rights.

(2) On November 2007, Korea filed a lawsuit against the plaintiff et al. seeking revocation on the ground that the assignment of the above assignment was a fraudulent act under the National Tax Collection Act (Seoul District Court 2007Gahap10858), and the above court rendered a judgment accepting the claim of the Republic of Korea on June 19, 2008. On November 19, 2008, the appeal filed by the plaintiff et al. was dismissed, and the above judgment of the first instance court became final and conclusive on December 19, 2008.

(3) Meanwhile, the Plaintiff spent the litigation costs of KRW 11,614,720 in total, including KRW 880,000,000 as the first instance court and the appellate court’s attorney’s fees, and KRW 2,814,720 as the judgment of the appellate court.

C. D (hereinafter “the deceased”) died on March 5, 2012, and the Defendants and K, who are their children, died at the rate of 1/3 shares, respectively.

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