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(영문) 서울고등법원 2017.01.19 2016나5889
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

. November 28, 200,000 won was determined and lent at the rate of 11 December 201, 2014, 10% per annum, and 2% per month, respectively.

The Plaintiff, on December 30, 2013, lent KRW 20 million to B, and received, from B, a promissory note (hereinafter referred to as “instant promissory note”) which is the issuer’s bank of disputes, the issue date, November 19, 2013, the payee F and the payment date, June 20, 2014, and the bill number G number, as collateral, endorsement and delivery was made.

B. On June 11, 2014, Co-Defendant B entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the basis of KRW 360 million (a contract amount: KRW 25 million, payment upon contract, balance: KRW 335 million, and payment on June 18, 2014) with regard to real estate listed in the separate sheet (hereinafter “instant real estate”).

On June 11, 2014, the date of conclusion of the contract, the registration of ownership transfer in the name of the defendant was completed.

In receipt of priority numbers and other matters, No. 276,00,000 won with maximum debt amount on April 13, 2002, 190,000 won * In addition, No. 34,000,000 won with maximum debt amount on September 3, 2013, No. 2013, 200,00

C. At the time of the conclusion of the instant sales contract, the following mortgage was established with respect to the instant real estate, but the registration of ownership transfer under the Defendant’s name was completed, and the registration was cancelled on June 18, 2014, which was the remainder payment date.

* The initial 63 million won was increased by contract and modification registration.

After the conclusion of the instant sales contract, on June 18, 2014, the remainder payment date of the instant real estate was completed on June 18, 2014, the registration of the establishment of a neighboring mortgage (Yancheon District Court No. 22345, Jun. 18, 2014) which is “the new bank, the debtor, the maximum debt amount of KRW 240,000,000,000.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 5, 7, 9, Eul evidence No. 1 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination by issue.

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