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(영문) 서울고등법원(춘천) 2015.12.09 2014나2162
양수금
Text

1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Reasons

Relationship and Money Transaction between the Parties

A. The Defendant: C on May 10, 1993, KRW 5 million, KRW 15 million, and KRW 70,000,000; and the same year.

6.2.3 million won, 9 million won on the 3th day of the same month, and 10 million won on the 4th day of the same month, and written a loan certificate with a rate of 10 million won on the 2.5% per month from each interest.

B. In order to secure each of the above loans, the Defendant entered into a mortgage contract with C on May 10, 1993 with a maximum debt amount of KRW 110 million, and completed the registration of establishment of a mortgage on the following day in order to secure each of the above loans. The Defendant entered into a mortgage contract with C as to ten parcels of land, including the 1,480 square meters and 10,000 square meters

6.3. The establishment of a mortgage contract with a maximum amount of KRW 50 million and the establishment of a mortgage shall be completed on the 9th day of the same month.

(hereinafter the above two collateral security rights are collectively referred to as the “first collateral security”).

On July 12, 1994, the Defendant borrowed KRW 50 million to E without having set the due date for repayment, and concluded a mortgage contract with E with respect to 1,480 square meters and 11 square meters, his own ownership, and completed the registration of the establishment of a neighboring mortgage until the next day.

(hereinafter the above right to collateral security is referred to as the “second right to collateral security” and the “first right to collateral security” and the “first right to collateral security” are referred to.

On March 2, 2003, the Defendant issued to E and C a letter of intent to repay the borrowed money by the end of October of the same year, and on August 23, 2013, the Defendant sent to E a letter of intent to repay the borrowed money by the end of the same year.

E. On September 9, 2013, the Plaintiff’s loan of KRW 149 million to the Defendant ( KRW 15 million KRW 70 million KRW KRW 15 million KRW KRW 70,000 KRW KRW 90,000 KRW 10,00 KRW 10,00 KRW 10,00 KRW) and the first right to collateral security (hereinafter “loan 1”) and the first right to collateral security, and the loan of KRW 50,00 KRW 50 million to the Defendant on September 23, 201 and its interest claim (hereinafter “loan 2”). The loan of this case is “a loan of KRW 1 million” and “a loan of this case.”

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