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(영문) 서울고등법원 2017.04.04 2014나2038515
약정금
Text

1. The part of the judgment of the court of first instance regarding the principal lawsuit shall be revoked, and the claim by the plaintiff (Counterclaim defendant) against the principal lawsuit shall be dismissed.

2...

Reasons

Basic Facts

Around 1988, the Defendant has been introducing a net A (hereinafter referred to as “the deceased”) from C in Japan and has maintained a friendly relationship.

On April 30, 2004, with respect to the land size of 619.9 square meters (hereinafter “the instant real estate”) owned by the Defendant, the registration of establishment of a neighboring mortgage was completed on April 30, 2004 with respect to the debtor C (the registration of alteration of the right to collateral security with the debtor on the ground of the acquisition of the contract on January 10, 2005), the maximum debt amount of 300,000,000 won, and the National Agricultural Cooperative Federation for the mortgagee (hereinafter “CF”), and the Agricultural Cooperative implemented the loan of 250,000,000 won upon the said establishment of the right to collateral security, and the agreement on the above loan obligation was directly paid by the deceased to the Agricultural Cooperative.

On the other hand, as of December 28, 2011, the following contents were written in the name of the Deceased (No. 4; hereinafter “the loan certificate of this case”) and the agreement under the name of the Defendant (No. 2; hereinafter “the agreement of this case”) respectively.

In order to borrow money, the Deceased Won-si (250,000,000 Won) obtained a loan of KRW 250,000,000 from the NAT branch in the name of the Defendant as collateral and then prepares and deliver a certificate of borrowing. The above amount shall be repaid until December 31, 2012, and the borrower shall bear interest and taxes until the repayment is made.

B. The borrower A resident registration number G [the deceased’s loan certificate of this case] (the Defendant borrowed KRW 500,000,000 to the deceased as security and shall be paid until December 31, 2012. If the above promise is not observed, the borrower’s transfer registration procedure for the real estate of this case shall be implemented by December 31, 2012 without any condition.

The following name: A(H) the back of the deceased’s resident registration number is “I”, and the above erroneous entry is made.

No seal of the defendant is affixed to B on December 28, 2011.

In addition, the defendant on December 28, 201.

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