logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2017.12.12 2017가단4076
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 13, 2012, the Defendant: (a) around December 13, 2012, the sales contract for each of the instant buildings was concluded between the Plaintiff’s husband D and the former E-201 and 301 (F-201; hereinafter “each of the instant buildings”).

(2) Upon receipt of the Plaintiff’s request, Nonparty G entered into a registration of ownership preservation on each of the instant buildings on August 28, 2013 and obtained a loan of KRW 300,000,000 from the Korea Saemaul Depository on September 9, 2013.

G paid KRW 280 million to the Defendant on September 9, 2013. On the same day, G transferred KRW 18 million to the Plaintiff on the same day, and the Plaintiff paid KRW 10 million to the Defendant on November 1, 2013.

B. Around 2014, the Plaintiff prepared the following loan certificates with the Defendant (hereinafter “the instant loan certificates”).

The Defendant prepared the instant loan certificate, and the Plaintiff and the deceased had its copy, and the Defendant thereafter stated the “30 March 30, 2014” on the instant loan certificate.

◎ 차용증 채권자 : 피고 채무자 : 원고 차용금액 : 금 일억원(금 100,000,000) 위 금액을 정히 차용하고 변제일은 5월 30일로 하되 만약 이 약속이 지켜지지 않을 시에는 매월 일금 천만원(금 10,000,000원)씩 갚아나갈 것을 정히 약속함 만약 이를 어길 시에는 어떠한 민, 형사상 처벌도 달게 받을 것을 약속합니다.

Creditor: The Obligor; the Plaintiff, D

C. On September 11, 2014, Nonparty D, the husband of the Defendant, died after being involved in a traffic accident while standing a crosswalk at the front-nam Bosung-gun.

1) On April 10, 2015, the Defendant made the above loan claims as the secured claim, and held the debtor as the Plaintiff and the third debtor as the Plaintiff and the third debtor ELia non-life insurance (amended. 2015Kadan647).

arrow