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(영문) 부산지방법원 2017.07.12 2016가합41756
대여금
Text

1. Of the plaintiff's lawsuit against the defendant D, part of the plaintiff's claim for cancellation of registration of establishment of a mortgage on the subrogation right of the creditor.

Reasons

1. Basic facts

A. The name of the Plaintiff or the Plaintiff’s husband, E, in the name of Defendant B, KRW 160 million on May 4, 2012, KRW 150 million on the 15th of the same month, and KRW 100 million on the 15th of the same month; and

8.3. A total of KRW 267 million (hereinafter “instant money”) was remitted to March 1, 2000 (hereinafter “instant money”).

B. On February 6, 2015, Defendant C drafted a notarial deed of a monetary loan agreement for consumption (hereinafter “instant notarial deed”) stating that the Plaintiff borrowed KRW 300 million from the Plaintiff on a yearly interest rate of 24% and August 6, 2015, with the document No. 130 of the F Office in 2015, which was drafted by the F Office of notary public.

C. On November 30, 2015, Defendant B completed, to Defendant D on November 30, 2015, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with regard to the portion of 1/2 out of the real estate listed in the separate sheet, which is the amount of KRW 450 million for Defendant D, the debtor, Defendant C, and the maximum debt amount, under Article 84138 of the Ulsan District Court’s receipt by Yangsan District Court.

Meanwhile, around May 15, 2012, Defendant C was convicted of having been convicted of the Busan District Court on February 13, 2015, on the grounds that he/she received 360 million won from the Plaintiff (or E) through Defendant B as an investment deposit and received 360 million won as an investment deposit, and was convicted of having been sentenced on February 13, 2015.

(In Busan District Court Decision 2014Gohap642, Busan High Court Decision 2015No169). [Grounds for recognition] The facts that there is no dispute, Gap evidence 1-1, Gap evidence 2, Gap evidence 3-1 through 4, Gap evidence 5, 6, Eul evidence 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination as to claims against Defendant B and C

A. As to the portion of the claim for the loan, Defendant B asserted by the Plaintiff from May 4, 2012 to the same year.

8. Until March 2, 200, Defendant C borrowed the instant money from the Plaintiff under the joint and several guarantee of Defendant C, and the Defendants determined the principal and interest of the said money up to the time of the said loan as KRW 300 million between the Plaintiff and the Plaintiff on February 6, 2015, and returned the interest accrued thereon, with 24% per annum.

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