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(영문) 부산지방법원 2020.08.19 2019나56319
청구이의
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the soup building called J’s site and above ground ground of the Gu, Si, sisi, and the soup building (hereinafter “the soup building”).

B. On November 2016, the Plaintiff, upon the introduction of D, intended to sell the soup bank of this case to G in KRW 3 billion, and issued a registration certificate, certificate of mortgage contract, written consent to provide collateral, written consent to provide collateral, certificate of the Plaintiff’s personal seal impression, copy of identification card, resident registration certificate, etc. (hereinafter “the creation document of this case”).

C. Meanwhile, on December 29, 2016, the Defendant remitted KRW 70,000,000 to the Plaintiff’s account in the name of the Plaintiff, and the Plaintiff wired KRW 20,000,000 out of the said money to the account in the name of Dong F on the following day.

On February 24, 2017, the Defendant received an order to pay the Plaintiff the amount of KRW 70,00,000 from C to the day of full payment, claiming that “the Plaintiff lent KRW 70,000,000 to the Plaintiff,” and that “the Plaintiff paid the amount of KRW 72,780,821 per annum to the Defendant and the amount of KRW 25% per annum from the day following the delivery of the original payment order to the day of full payment.”

(hereinafter “instant payment order”). E.

The instant payment order was served on the Plaintiff on March 15, 2017, and was finalized on March 30, 2017.

F. After doing so, D, G, and C had the Plaintiff borrow money from the Defendant following the Plaintiff using the instant document of creation of the right to collateral security received from the Plaintiff, and had the Plaintiff forward KRW 70,000,000 to the account in the name of the Plaintiff, and had the Plaintiff deliver the instant payment order to the Plaintiff.

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