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(영문) 수원지방법원성남지원 2017.12.05 2014가합206927
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 181,60,000 to the Plaintiff (Counterclaim Defendant) and its amount from July 9, 2013 to October 17, 2014.

Reasons

1. Basic facts

A. On April 9, 2013, the Plaintiff prepared a loan certificate with the Defendant (hereinafter “instant loan certificate”) with the following content.

The principal under Article 1 of the loan certificate shall be repaid until April 9, 2014.

Article 2 (Advance Interest) The interest shall be fixed as part of the interest and paid in addition to the address of the creditor.

If payment is not made by the date stipulated in Article 3, an objection shall not be raised immediately even by auction of the mortgaged property.

Even if the interest has been paid at once Article 4, or when the debtor has received a provisional attachment or seizure due to other debts, he/she shall lose the benefit of the time and shall not raise an objection even if he/she has filed a claim for the principal and interest at once.

B. On April 9, 2013, the Defendant issued to the Plaintiff a promissory note (hereinafter “instant promissory note”) at the face value of KRW 200,000,000 and due date as of April 9, 2014.

C. On April 10, 2013, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”) with respect to each real estate listed in the separate list as indicated in the separate list, under Article 23665 of the Suwon-nam Branch Office of Gwangju, the Suwon-nam Branch of the Seoul District Court, the maximum debt amount of KRW 20 million, the Defendant,

The Plaintiff’s KRW 10,00,000,000 for the Defendant on March 11, 2013, the same year

4.9.95,600,000 won, and the same year.

5,500,000 won, and the same year.

6. 18.9,500,000 won respectively and 11,00,000 won per month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 (including paper numbers, hereinafter the same), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff (the cause of the main claim) 1) The defendant, which is the primary cause of the claim, does not have an intention or ability to proceed with real estate development, and the plaintiff is "Magju C" (hereinafter "the forest of this case").

In order to purchase the access road part in the defendant's name and build the road, and develop the forest land in full scale, the amount necessary for this is changed to KRW 20 million.

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