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(영문) 청주지방법원제천지원 2014.11.26 2013가단4186
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 77,684,425, and KRW 65,000,000 from August 30, 2012 to July 14, 2014.

Reasons

1. Facts of recognition;

A. On July 17, 2008, Defendant C purchased 4,349 square meters of D forest land (hereinafter “D land”) in the name of Dongbook E, the owner of the land, and completed the registration of ownership transfer in F.

B. On November 208, 2008, Defendant C, through G, the Plaintiff’s agent, using a certificate of personal seal impression and a certificate of personal seal impression, prepared a loan certificate stating that “F borrowed KRW 30,00,000 from the Plaintiff on May 20, 2009 and monthly interest rate of KRW 30,000 from the Plaintiff as the principal debtor F and the joint guarantor C,” and completed the registration of establishment of a mortgage over D land with respect to the Plaintiff on November 24, 2008 with regard to the land as the mortgagee, debtor, F, the maximum debt amount of KRW 35,000,000.

C. Since November 21, 2008, Defendant C purchased a building of H large 215 square meters and its 2nd floor (hereinafter “H real estate”) under the name of Defendant B, the head of which is the owner, and completed the registration of ownership transfer in the future of Defendant B.

On December 23, 2008, Defendant C, via G, prepared a loan certificate stating that “The principal debtor B, Defendant C, a joint guarantor, borrowed KRW 35,00,000 from the Plaintiff at the rate of 3% on June 30, 2009 and monthly interest rate of KRW 35,00,000,” through the certificate of personal seal impression and the certificate of personal seal impression received from Defendant B, and completed the registration of the establishment of a mortgage over H real estate with respect to the Plaintiff on December 23, 2008, with respect to H real estate as the mortgagee, the debtor, Defendant B, the maximum debt amount of KRW 45,00,000.

E. On February 24, 2010, Defendant C, via G, prepared a loan certificate stating that “The principal debtor B, Defendant C, who is a joint guarantor, shall be the principal debtor B, and Defendant C, shall borrow KRW 44,400,00 from the Plaintiff at the rate of 3% per month on June 30, 2010,” using the certificate of personal seal impression and the certificate of personal seal impression received from Defendant B, and the Plaintiff was set on D land on February 25, 2010 through G.

The principal debtor C is the same as the principal debtor C by cancelling the registration of the establishment of the neighboring mortgage mentioned in the port.

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