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(영문) 대구지방법원 2019.04.12 2017가단129718
양수금
Text

1. The Defendants jointly share the amount of KRW 160 million to the Plaintiff, as well as the period from July 19, 2018 to April 12, 2019.

Reasons

1. The facts of recognition

1) Evidence A No. 1 (hereinafter “instant letter”)

According to the above, Defendant Incorporated Company B (hereinafter “Defendant B”)

On July 1, 2014, the Plaintiff’s husband’s deceased F (hereinafter “the deceased”).

) The president of Defendant B prepared a letter to the effect that “I, instead of obtaining a financial loan as a part of the funds needed for the farming and fishing village complex development project, I would like to note that I would like to say, “I would like to say, on June 30, 2015, that I would pay an amount calculated by deducting the amount of KRW 70,000,000 used by NNNNN in terms of the real estate owned by NNNN NNN, the real estate owned by NNNN, from the amount of their own use.” The lower end of each letter is written as “FF C Co., Ltd., Ltd., Ltd., and C, the Defendant C’s resident registration number is written, and the above Defendant’s seal is affixed. In addition, at that bottom, C’s name is written as “D farming association corporation, E,” and “D farming association corporation” next to “D” (hereinafter “Defendant D”).

2) On July 17, 2014, each of the debtors as Defendant B’s side, J, K Association, and maximum debt amount of KRW 195 million was completed on July 17, 2014 with respect to the Sung-gun-gun G, H, and I land (hereinafter “each of the instant lands”) owned by the deceased, on which Defendant E’s seal imprint is affixed, and Defendant E’s resident registration number is indicated on the side of “E”, and Defendant E’s seal imprint is affixed a seal. The registration of creation of a new mortgage was completed with respect to each of the instant lands owned by the deceased. The J borrowed KRW 150 million from the K Association.

(3) Defendant C is the manager of Defendant B, and Defendant E is the representative director of Defendant D. B. B. On March 2, 2017, the Deceased transfers the claim based on the instant notes to the Plaintiff (hereinafter “instant transfer”).

C.

The Deceased died on November 7, 2017, and on November 29, 2017, inheritance by agreement and division as to each of the instant land.

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