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(영문) 광주고등법원 (전주) 2018.04.05 2017나10218
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. H’s obligations and the first tolerance note 1 prepared by C (as of December 30, 201) H Co., Ltd. (the representative director C and hereinafter “H”)

(1) After borrowing money from the Plaintiff, on April 7, 2010, the Plaintiff entered into an agreement with the Plaintiff to pay the principal amount of KRW 200 million and interest of KRW 30 million with a fixed deadline (hereinafter “Agreement”) (hereinafter “Agreement”).

(2) On December 23, 2011, H completed the registration of preservation of ownership on the first-class multi-household 402 (hereinafter “I”) of the first-class multi-household 402 (hereinafter “I-class multi-household 1”) in the previous city due to the payment in part of the obligations under the foregoing agreement to the Plaintiff.

3) On December 30, 2011, C prepared, with respect to the Plaintiff on December 30, 201, a letter of loan from KRW 120,000 to KRW 100,000 to KRW 100,00,00 to the principal for the remaining obligations under the said agreement, and with respect to the payment of interest, from March 201 to 30, respectively (hereinafter “the first letter”).

B. B. The Plaintiff completed the registration of creation of a collateral on M and N land and the notarial deed No. 1 on August 28, 2012, the Plaintiff completed the registration of creation of a collateral on the land of the former Dun-gun, the maximum debt amount of which is KRW 60 million.

(hereinafter “The first collateral mortgage”). The registration of the establishment of a neighboring mortgage was cancelled on April 19, 2013.

2) As to the N land on August 28, 2012, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW C and the maximum debt amount of KRW 70 million (hereinafter “second neighboring mortgage”).

(3) On August 29, 2012, the registration of ownership transfer was completed in the name of the Plaintiff with respect to the I housing.

4) On November 7, 2012, C prepared and issued a notarial deed of a monetary loan agreement with the Plaintiff stating that the amount of KRW 120 million for the first tolerance shall be KRW 120 million due on December 30, 2014, and that the interest shall be at least 12% per annum from March 2013 as of the end of each month. (c) On June 19, 2014, C was determined and issued as the Plaintiff and KRW 90 million due date on July 18, 2015, and as the last day of each month (payment as of June 19, 2014).

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