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(영문) 창원지방법원 2018.11.29 2016가단116643
부인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A fisheries company LA (hereinafter “A”) purchased 7,062 square meters and 1,672 square meters and 1,672 square meters and e-fishing grounds (hereinafter “instant land”) at around July 2012 and operated a field-based experience center on the instant land around May 2013.

B. The F, the representative director of the A, borrowed the operating fund of H and I from January 2013 to G. G.

A, on November 11, 2014, in the course of trading a loan for consumption with money by borrowing money from H and I over several occasions and repaying each principal and interest to H and I, on November 11, 2014, H prepared and issued to H a certificate of borrowing KRW 160 million per annum and interest rate of KRW 30 million per annum, the due date for repayment as of November 10, 2015, ② the principal amount of KRW 90 million per annum, interest rate of KRW 30 million per annum, and the due date for repayment as of November 10, 2015, and I prepared and issued to H a certificate of borrowing as of KRW 50 million per annum and interest rate of KRW 30 million per annum, and November 10, 2015.

A continued to borrow operating funds from H and I after November 11, 2014, and on April 20, 2015, A drafted and delivered to I a certificate of loan with the principal of KRW 100 million, interest rate of KRW 30%, and due date of repayment of December 31, 2015.

On the other hand, A borrowed KRW 200 million from I on June 1, 2015.

(c) A is against H and I.

As a security for the debt of the loan set forth in Paragraph (1), I completed the establishment registration of a mortgage on the instant land, which was received on June 3, 2015 by the Changwon District Court (Chowon Branch Branch) No. 8658, Jun. 3, 2015, under which H completed the establishment registration of a mortgage on the basis of the maximum debt amount of KRW 195,000,000. On June 3, 2015, H completed the establishment registration of a mortgage on the basis of the maximum debt amount of KRW 250,000,000.

(B) Under the following, each of the above collateral security rights is registered as “the instant collateral security” and each of its registrations (hereinafter “the instant collateral security registration”).

On January 22, 2016, I and H completed the registration of transfer of the establishment of the instant neighboring mortgage on the ground of transfer of contract to the Defendant.

E. A received a decision to commence a simplified rehabilitation procedure as of August 12, 2016 from the Changwon District Court 2016 Gohap10012, and B shall be in charge of the administrator.

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