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(영문) 창원지방법원 2011.11.10 2010고단3048 (1)
위증 등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant, based on the facts charged of the instant case, lent money to C from around 2006 to a constructor C, etc. and received principal and interest payment, etc., and lent money borrowed from his own money or a third party.

C In need of money in the construction business, while lending KRW 200 million from D to the defendant's intermediation on August 16, 2007, upon C's request, C borrowed the above KRW 200 million, and E borrowed the above KRW 200 million upon C's request, signed and sealed the above KRW 200 million loan certificate and signed and sealed on the column of joint and several sureties, and issued two copies of the certificate of personal seal impression on August 14, 207 to the creditor column of the above Chapter 2 loan certificate.

E There was a fact that C took a joint and several surety at the time of borrowing KRW 200 million from D, but there was no fact that C took a joint and several surety for a monetary obligation borrowed from another person, including the Defendant.

C around September 24, 2007, around September 24, 2007, it delegated the right of sale and lease to the defendant for the F apartment in Busan, which he constructed for the settlement of loan borrowed from the defendant.

E borrowed money from the Defendant upon the request of the Defendant to lend KRW 100 million from the Defendant on October 2007.

E In order to borrow KRW 100 million on the condition that the Defendant pays 4% interest per month from the Defendant, E shall hear the statement that the amount of KRW 30 million shall be deducted under various expenses, such as advance interest, loan fee, cost of creating the right to collateral, etc., and on October 9, 2007, I and seven parcels of land (hereinafter “instant real estate”) except for the Changwon-si owned by H as collateral (the creation of a maximum debt amount of KRW 195 million in the name of J) and H as a debtor, and H as a joint guarantor, and borrowing KRW 130 million among them, 30 million in advance interest, creation cost of the right to collateral, fees, etc.

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