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(영문) 수원지방법원 2019.10.25 2018가단21018
제3자이의
Text

1. A certificate drawn up by the defendant as a notary public D, belonging to the Seoul Central District Prosecutors' Office, of the non-party C, on May 30, 2016.

Reasons

1. Basic facts

A. On May 15, 2016, the Plaintiff and Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a party loan agreement (hereinafter “instant loan agreement”) between the Plaintiff and Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “instant loan agreement”) and Nonparty Co., Ltd. (hereinafter “E party loan agreement”).

(2) On May 31, 2016, the Plaintiff subscribed to provide a loan by setting the deposit amount of KRW 10,700,000, monthly rent of KRW 3,200,000, and the period from May 31, 2016 to October 31, 2018, and on May 15, 2016, and the period of compulsory use of the obligation of KRW 30 months. (2) On May 31, 2016, the Plaintiff concluded the instant loan agreement with the Nonparty Company to lend the loan of this case to the Nonparty Company with the said content as above.

According to the loan agreement of this case, the ownership of the lending party of this case for the total term of the lending party of this case belongs to the plaintiff (Article 16(1)), and the total term of the lending party expires, and where the non-party company does not pay rent, etc. to the plaintiff of this case, it is possible to transfer ownership according to the intention of the non-party company

(3) On March 26, 2016, the Plaintiff: (a) released the instant lending party from around March 26, 2016 to Nonparty Company; and (b) on April 7, 2016, the Plaintiff is the Fransi City F building and five floors (hereinafter “the address of Nonparty Company”) (hereinafter “the address of Nonparty Company”).

(B) Around May 15, 2016, a party loan was established in the address of the non-party company. (B) On May 26, 2016, the non-party company was granted a loan of KRW 138,00,000 from the Defendant to the interest rate of KRW 15% per annum on May 26, 2016 (hereinafter “the instant loan”). The non-party company was granted a loan by means of equal installment repayment of principal and interest each month until January 26, 2018 (hereinafter “the instant loan”).

2) In order to secure the debt of the instant loan on the same day, the non-party company is “10 party units, 7 party units, and 2 party units in G pocket books established in the address of the non-party company against the Defendant (hereinafter “instant security party units”).

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