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(영문) 창원지방법원진주지원 2017.06.08 2016가합11588
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As between February 3, 2012 and February 15, 2012, the Plaintiff transferred a total of KRW 2.4 million to the net C, and as between February 6, 2012 and February 15, 2012, the sum of the said money borrowed from the Plaintiff to the Defendant and the money he/she owns was collectively transferred KRW 2.92 million.

B. Upon receiving a request from the Plaintiff to provide security, C knew the Defendant of these circumstances, and thereafter, on February 16, 2012, the Plaintiff, the Defendant, and C agreed to complete the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to D, Jin-si, Jin-si, the Defendant, and E, a maximum debt amount of KRW 270 million, the obligor, and the Plaintiff, with respect to KRW 186 square meters and KRW 202.1 square meters, which are owned by the Defendant, and completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”).

C. The Defendant filed a lawsuit against the Plaintiff seeking cancellation on the ground that the Plaintiff was registered as a mortgagee and thus, was invalid because it was registered as a creditor, not C, as the registration of the right to collateral security, and the said court on May 8, 2013.

(2) The court of final appeal rendered a judgment against the Defendant regarding the claim for cancellation of the right to collateral security, on the ground that the aforementioned right to collateral security is valid, since it is difficult to recognize that there was an agreement between the Plaintiff and the Defendant on a direct monetary loan contract for consumption and loan contract, and that there was an agreement on the establishment of the right to collateral security (right to collateral security) between the Plaintiff, the Defendant, and C, not the registration that was voluntarily completed by C. Therefore, the court of final appeal rendered a judgment against the Defendant regarding the part of the claim for cancellation of the right to collateral security (right to collateral security (right to collateral security) and the above judgment was rendered on December 20, 2013).

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