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(영문) 광주지방법원해남지원 2016.05.03 2014가단2485
제3자이의
Text

1. The Defendant’s joint office certificate of D Notaries Public against C is a monetary loan agreement with the security for transfer by means of security, No. 1077, 2013.

Reasons

1. Basic facts

A. E has operated a fish farm (hereinafter “instant fish farm”) with the trade name G at the F sea of Jeonnam-gun, Jeonnam-gun. From around 2009, the Defendant supplied E with feed as used in the instant fish farm.

B. From May 9, 2011 to June 9, 2011, the Plaintiff loaned KRW 29,000,000 to E.

(A) No. 11-2, 2). (c)

On June 7, 2012, the Plaintiff, H and H entrusted the preparation of a notarial deed for a monetary loan contract for security transfer (hereinafter “first security contract for security transfer”) with respect to the ju (7cm) 300,000,0000 ju (25-30cm) in the instant format with the Plaintiff and H as the creditor, Eul as the debtor, and the ju (7cm) ju (25-30cm) with respect to the ju (25-30cm) in order to secure the claim for the loan and the claim arising from the future transaction with the Plaintiff and H’s Ma, and accordingly, the notarial deed was drawn up as 290,000,000 ju (hereinafter “first security for security”) with respect to the ju (25-30cm) in the instant format with the following contents:

(A) On June 7, 2012, a creditor of Article 1 (Loan and Lending Money) lent KRW 300 million to a debtor and borrowed it from the debtor. Article 2 (Method of Performance) (Interest) shall be paid until May 31, 2015. The interest rate shall be twenty-four percent per annum and shall be paid at the end of each month. Article 8 (Recognition and Recognition of Compulsory Execution) recognizes that the debtor does not raise any objection even if he/she does not perform his/her monetary obligation under this contract. Article 9 (Promotion and Security) The debtor assigned the ownership of the instant first collateral security by means of possession and amendment to the ownership of the instant property owned by him/her for the purpose of securing the performance of the said obligation, and the creditor acquired it by transfer. Article 11 (The debtor who gains from use may enjoy profits free of charge while possessing the mortgaged property.

At this time, the debtor is the original object of the transferred property.

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