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(영문) 대구지방법원 2017.01.12 2016나2411
대여금
Text

1. Of the judgment of the first instance, KRW 3,900,000 against the Plaintiff as to the Defendant and its related thereto, from September 22, 2015 to January 12, 2017.

Reasons

1. Basic facts

A. On April 16, 2010, the Plaintiff and C concluded a sales contract with the Defendant to sell the five stories of the Gu-Si building D (hereinafter “the instant real estate”) to the Defendant for KRW 260 million (hereinafter “instant sales contract”), and determined that: (a) payment method of the purchase price shall be made at the time of the contract; (b) the Defendant succeeds to the deposit amount of KRW 5 million for the instant real estate; (c) payment of the remainder of KRW 250 million as bank loans; and (d) payment of KRW 180,000 out of the remainder of KRW 250,000 as bank loans; and (e) payment of KRW 70,000 may be extended or advanced by mutual consultation; and (e) payment of the remainder of KRW 70,000 may be extended or advanced; and (e) payment of the remainder shall be made at the time of the buyer’s transfer of the registration and payment for the creation of a collateral security right for KRW 70,000.

B. On April 29, 2010, the Defendant completed the registration of ownership transfer of the instant real estate on the ground of the instant sales contract, and on December 2, 2010, the registration of ownership transfer was completed on the instant real estate on the following grounds: (a) on December 2, 2010, the establishment of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the debtor, the mortgagee, the Plaintiff and the maximum debt amount, and the maximum debt amount of KRW 70 million was revoked on January 7, 2013.

C. On the other hand, on January 3, 2013, the Plaintiff prepared a loan certificate (No. 1; hereinafter “the loan certificate of this case”) with E as follows.

On the other hand, the stamp image affixed on the defendant's name is the same as the stamp image of the reported defendant's seal impression.

on January 4, 2013: The debtor, the defendant, and the representative E, to borrow 2% per month as interest in borrowing the above amount; the plaintiff

D. Meanwhile, from September 30, 2013 to November 10, 2014, the sum of KRW 2.1 million was deposited in the Plaintiff’s account in the name of the Defendant or E every 14 times from September 30, 2013 to November 14.

[Grounds for recognition] Unsatisfy, A No. 1.

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