(영문) 청주지방법원 2017.06.22 2016가합21725

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(영문) 청주지방법원 2017.06.22 2016가합21725

대여금

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1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 475,217,840 and KRW 320,00,000 among them, from June 7, 2016.

Reasons

1. Determination as to the claim against Defendant A

A. On November 2, 2012, the Plaintiff loaned KRW 320,00,00 to Defendant A with interest fluctuation rate (1.5% per annum), KRW 22% per annum, and maturity of payment on November 8, 2015. (2) The amount of the loan that Defendant A has not repaid to the Plaintiff is KRW 475,217,840 in total until June 6, 2016.

[Reasons for Recognition] Judgment by Publication (Article 208 (3) 3 of the Civil Procedure Act)

B. According to the above facts of determination, Defendant A is obligated to pay to the Plaintiff a total of KRW 475,217,840, and the principal of KRW 320,00,000,00, which is the day following the last calculation date of interest, 22% per annum from June 7, 2016 to the day of full payment.

2. Determination as to the claim against the defendant B

(a)The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1 to 10 (including paper numbers; hereinafter the same shall apply), 12 and 15, and there shall be no counter-proof.

1) C and Cheongju Central Credit Union (former title: Cheongju Credit Union prior to the modification: Cheongju Credit Union) are the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a first neighboring mortgage”) against the Cheongju District Court No. 21054, April 25, 2008, which received as of April 25, 2008, the maximum debt amount of which is 375,70,000 won, the debtor C and the mortgagee as the Cheongju Central Credit Union (hereinafter referred to as the “registration of creation of a first neighboring mortgage”).

(2) On May 22, 2008, the Cheongju District Court No. 108368, Oct. 22, 2008, 350,000 won, and the debtor C and the mortgagee E completed the registration of creation of a mortgage (hereinafter referred to as the “registration of creation of a mortgage of the second place”) with respect to each real estate listed in the attached list No. 1 through No. 4 of the C owned by Cheongju District Court, as the Cheongju District Court No. 108368, Oct. 22, 2008.

3D is also delegated or consented by E due to financial difficulties.

참조조문

-민사소송법 제208조 제3항 제3호

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