logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.08.24 2016가단234967
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is between D and his own wholesale.

Defendant C is the fraud of Defendant B, and Party B is the former spouse of Defendant B.

B. From June 22, 2007, Defendant B: (a) drafted three copies of the loan certificate (Evidence 1; hereinafter “each of the instant loan certificates”) that did not indicate the name of the creditor or the payee that “A borrowed KRW 40 million on June 22, 2007 as of August 30, 2007; (b) as of June 22, 2007; (c) as of September 30, 2007; and (d) as of July 7, 2007, as of September 30, 2007, Defendant B borrowed KRW 3,000,000 as of September 30, 207.”

다. 피고 C는 2006. 10. 25. 별지 목록 기재 부동산(이하 ‘이 사건 부동산’이라 한다)에 관하여 소유권이전등기를 마친 다음 2007. 9. 5. 원고의 이모(姨母) F 앞으로 채권최고액 6,000만 원, 채무자 피고 C인 근저당권(이하 ‘이 사건 근저당권’이라 한다)설정등기를 마쳐주었다.

On September 21, 2009, the Plaintiff completed the supplementary registration of the transfer of the right to collateral security on September 17, 2009 with respect to the instant right to collateral security. D.

E on September 6, 2007, D sold to D the purchase price of KRW 60,000,000,000,0000,000 for KRW 294m2,000,000,000,000,000,000,000,000,000,000,000,000.

E. Defendant C sold the instant real estate in KRW 75 million to E on October 20, 2010, and completed the registration of ownership transfer on November 11, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including each number in the case of additional evidence), witness D's partial testimony, the purport of the whole pleadings

2. The parties' assertion

A. From March 8, 2007 to July 30, 2007, the Plaintiff lent a total of KRW 119 million to Defendant B, and to receive payment of the remainder principal KRW 83 million and interest thereon.

arrow