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(영문) 대구지방법원 2015.12.15 2015가단24093
대여금
Text

1. The Defendant: 12% per annum from December 19, 2008 to May 22, 2015, and May 23, 2015, to the Plaintiff.

Reasons

1. Basic facts

A. On June 4, 2007, the Plaintiff received the loan certificate (No. 1; hereinafter “the loan certificate of this case”) from the Defendant’s father C, which the Defendant borrowed from the Plaintiff on June 4, 2008, with the payment period of KRW 30,000,000 from the Plaintiff as 1% per the interest month. The loan certificate of this case contains the Defendant’s name and the seal imprint.

B. On the ground of the contract to establish a contract on June 4, 2007, on the same day, the establishment registration of the neighboring premises and the ground buildings owned by the Defendant was completed on June 5, 2007, with the maximum debt amount of KRW 50 million, the debtor, the debtor, and the plaintiff as the mortgagee of the right to collateral security (hereinafter “instant real estate”).

(hereinafter “instant collateral security”). C.

On June 4, 2007, the Plaintiff remitted KRW 29.6 million to the Defendant’s account on the same day. On April 17, 2008, the Plaintiff transferred KRW 10 million to Nonparty E’s account, which is the Defendant’s words, upon the Defendant’s request to lend additional KRW 10 million as security.

The plaintiff

C. The interest was paid until December 18, 2008 with respect to the loan under paragraph (1) (hereinafter “instant loan”).

E. At the time of the preparation of the loan certificate, C, the father of the Defendant, had the Defendant’s seal imprint and seal imprint, affixed the Defendant’s seal imprint on the loan certificate. The above C, with the Defendant’s registration certificate, seal imprint, seal imprint, seal imprint, and power of attorney, requested the registration of the establishment of a neighboring mortgage to a certified judicial scrivener, and the registration of the establishment

F. On the other hand, around February 22, 2006, prior to the creation of the instant right to collateral security, the loan certificate was prepared by the Defendant that the Plaintiff borrowed KRW 40 million from the Plaintiff at the maturity of February 22, 2007 and the monthly interest of KRW 450,000 (the evidence A; hereinafter “prior loan certificate”). The registration of establishment of a collateral security for the instant real estate was completed, with the maximum debt amount of KRW 50 million, the debtor, the Defendant, and the Plaintiff as the mortgagee.

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