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(영문) 대구지방법원김천지원 2015.10.15 2014가단6455
대여금
Text

1. The Defendant’s KRW 122,070,021 and KRW 21,322,849, out of the said money, shall be from September 25, 2014 to October 15, 2015.

Reasons

1. Facts of recognition;

A. The Defendant’s father C, the Defendant’s father, was engaged in a new construction of the Gu-U.S. D and E-ground lending in the name of the Defendant, and completed registration of the preservation of ownership as to the above lending in the name of the Defendant.

B. The Plaintiff set the leased principal amount of KRW 20 million to C, and KRW 18 million on January 30, 2004: Provided, That the loan certificate includes interest, but the Plaintiff sought payment of the principal amount of KRW 18 million and its delay damages against the Defendant in the instant lawsuit.

The interest rate of B was set at five percent (5%) per month, and as of February 29, 2004, the due date was set at and lent as of February 12, 2004; ② as of February 12, 2004, the interest rate of KRW 20 million was set at five percent per month, and the due date was set at March 11, 2004; and as above, the loan certificate was issued as “the borrower Defendant.”

C. On April 1, 2014, the Plaintiff: (a) filed an application for provisional seizure of real estate against the Defendant and C with respect to the operation of the Gu-U.S. F Ground G Building, which was owned by the Defendant on April 1, 2014, and Nos. 302 and H Ground G Building Nos. 201 (hereinafter collectively referred to as “instant loan”); and (b) filed for provisional seizure of real estate on the same day when referring to a part of the loan; and (c) received a decision of provisional seizure on the same day.

(Seoul District Court Decision 2004Kadan707) D.

C requested the Plaintiff to cancel the above provisional seizure for the sale of the loan of this case, and the Plaintiff requested C to obtain a certificate of personal seal impression issued by C to prepare a notarial deed on the loan of this case.

E. On April 16, 2004, upon C’s request, the Plaintiff withdrawn the application for the provisional attachment of the loan of this case. On April 16, 2004, the Defendant completed the registration of the establishment of the mortgage with respect to subparagraph 201 of the loan of this case to the Plaintiff as “the maximum claim amount of KRW 40 million, the debtor, the defendant, and the mortgagee of the right to collateral security.”

F. On June 2, 2004, the Plaintiff issued a certificate of personal seal impression and power of attorney under the name of the Defendant.

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