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(영문) 대전지방법원서산지원 2016.07.19 2015가단8034
대여금
Text

1. On March 15, 2012, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 153,321,213 and KRW 110,000 among them.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 27, 199, the Defendant borrowed KRW 30 million from D on May 27, 199, and completed the registration of the establishment of a mortgage on the E-ground building in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the F, the debtor, the maximum debt amount, 37,200,00 won.

B. On June 15, 2004, the Defendant borrowed KRW 200 million from the Plaintiff introduced through D at the interest rate of 2% per month. On the 16th of the same month, the Defendant completed the registration of creation of mortgage over the Plaintiff, the debtor, L, M (the Defendant’s wife), the maximum debt amount of KRW 240 million, as to the land, G land and building, H land (i.e., I, J division and registration conversion), and K land, as to the mortgagee, the debtor, M (the Defendant’s wife), and the maximum debt amount of KRW 10 million.

C. On December 29, 2004, the Defendant borrowed an additional amount of KRW 79 million from the Plaintiff. On the 30th of the same month, with respect to the land and buildings E, N, and H land in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Defendant completed the registration of creation of a mortgage over the 100 million maximum debt amount.

The plaintiff and the defendant are above 79 million won and above 4 million won.

20 million won was appropriated for the payment of accrued interest of KRW 20 million as stated in the claim, and KRW 55 million was paid by the plaintiff on behalf of the defendant's debt to D, and the remaining KRW 20 million was paid by the plaintiff to the defendant.

The plaintiff around that time appropriate the above 4 million won to pay the unpaid interest, and paid 20 million won to the defendant, but did not pay 5 million won to D.

E. On April 11, 2007, when the Defendant delayed the payment of the principal and interest of the loan, the Plaintiff filed an application for voluntary auction on the land E and buildings, N land, and I and J, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the Defendant requested the Plaintiff to pay a part of the amount and withdraw the said voluntary auction.

On August 16, 2007, the Plaintiff and the Defendant prepared a loan certificate (No. 1, hereinafter “the loan certificate of this case”) with the settlement of claims and obligations until that time, and the Plaintiff voluntarily withdrawn the application for auction.

The loan certificate of this case .

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