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(영문) 대전지방법원 2017.02.08 2015가합106510
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 237,029,420 and KRW 200,000 among them. From February 8, 2010 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant C’s acquisition of the instant real estate (hereinafter “instant real estate”) on June 20, 2007: (a) each of the real estate indicated on the attached real estate indication in the D Voluntary Auction Procedure for the Daejeon District Court’s official order branch on June 20, 2007.

(2) Defendant C purchased the instant real estate from the ginseng cooperative that was granted on the same day and completed the registration of ownership transfer on the same day. (3) Defendant C determined the amount of KRW 436,80,000 as the right to collateral security holders, the debtor C, the maximum debt amount, and the maximum debt amount.

B. 1) On June 27, 2007, the Defendants: (a) as the principal debtor, Defendant B as the principal debtor; and (b) as joint and several sureties, the following loan certificates (hereinafter “the loan certificate of this case”).

On the other hand, Defendant C completed the registration of creation of a mortgage over the second-order mortgage holder, B, and maximum debt amount of KRW 400,000 with respect to the instant real estate. After that, the Plaintiff delivered KRW 200,000 to Defendant B. The loan certificate (Evidence A-1-1): KRW 300,000 (Won 300,000,000) (Won 300,000) (Won 300,000), the repayment date is set as June 2008. Defendant B did not object to the legal measures upon the expiration of the repayment date. (2) around October 2008, Defendant B prepared a confirmation document with the same content under the name of the Defendants (hereinafter “instant confirmation document”).

A Certificate (B) No. 1-2) does not pay the amount of KRW 300,00,000 per annum from July 1, 2008 and the amount of KRW 20,000 per annum until October 10, 2008.

3. The Plaintiff filed an application for provisional attachment with the Daejeon District Court 2008Kahap877 with respect to Defendant C’s shares in the land, etc. of Daejeon Jung-gu, Daejeon, where the Defendants did not repay the principal and interest of the loan. The Daejeon District Court on July 1, 2008.

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