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(영문) 광주지방법원 2018.11.07 2018나820
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On September 12, 2012, upon C’s request, the Defendant prepared a certificate of loan (Evidence A 3; hereinafter “the certificate of loan in this case”) stating that the Defendant borrowed KRW 20 million as the debtor as the obligor in order to provide D with a collateral of 961 square meters (hereinafter “the instant return”) of Go Chang-gun, Chang-gun, Chang-gun, the Defendant owned by the Defendant, as the cause for the creation of the right to collateral security (hereinafter “the instant return”). The date of preparation of the certificate of loan in this case, the date of maturity, and the creditor’s column were blank.

B. From March 5, 2014, the following decision of recommending reconciliation was finalized in the case of loans filed by the Plaintiff against D (Seoul District Court Decision 2013Da377620).

D The Plaintiff transferred a loan claim of KRW 20,000,000 to the Defendant on September 12, 2012, and notified the Defendant of the transfer of the said claim.

D The registration procedure for the transfer of the establishment of a neighboring mortgage that was completed on September 20, 2012 by the Jeonju District Court, the Gowon District Court, the registration office, and the registration office of the establishment of a neighboring mortgage that was completed on September 20, 2012.

C. According to the above decision of recommending reconciliation, the registration of establishment of a neighboring mortgage in the name of the Plaintiff was completed as of March 20, 2014, which was received on March 20, 2014 from the Jeonju District Court, the Go Chang-gu District Court (Seoul District Court Decision 3906, March 20, 2014). D, around March 26, 2014, notified the Defendant of the fact that the registration of establishment of a right to collateral security regarding the instant reply was transferred to the Plaintiff with the title of the notice of collateral security transfer and the amount of KRW 20 million.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 to 4, 6, and 7, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay KRW 20,000,000 and delay damages to the plaintiff as the transferee of the claim in accordance with the loan of this case, unless there are special circumstances.

B. As to the Defendant’s assertion, the Defendant did not first borrow KRW 20 million from D, and this case’s assertion.

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