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(영문) 부산지방법원 2019.01.09 2017나9883
구상금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Co-Defendant D Co-Defendant D Co-Defendant D, Ltd. (hereinafter “D”) in the first instance trial is registered as an internal director and the Co-Defendant C of the first instance trial (hereinafter “C”) as an auditor, respectively, by the company engaging in real estate business, etc.

B. On September 9, 2010, the instrument of borrowing (No. 1; hereinafter “the instrument of borrowing”) dated September 9, 2010, in which E is the obligee E, the following content is written. The term “Borrower” of the above instrument of borrowing includes the name of the Defendant and the seal is affixed on the name of the Defendant. The term “joint guarantor” includes the name of the co-Defendant C and D Co-Defendant C and the name of the company, and the seal is affixed thereon.

The lender of a loan for consumption: The borrower shall conclude the following contracts for the loan for consumption between the parties to the loan for consumption of money by making Defendant E and the defendant Eul:

- - The following:

1. A shall lend 5,00,000 won to B and shall borrow it.

2.The interest rate of the loan under paragraph 1 shall be 2.5% per month and shall be 2.5% per annum.

3. The maturity of the money referred to in paragraph (1) to be paid by B shall be December 9, 2010.

4. The period of repayment of interest to be paid shall be the date of borrowing each month;

5. The place for repayment of principal and interest shall be the address A at that time.

If B fails to pay the principal and interest, the principal shall be equal to 60% per annum of the principal.

7. If he/she neglects to pay interest under paragraph (3) even one month after the payment of such interest, the borrower shall lose the benefit of the period specified in paragraph (3);

8.The floating sum mortgage shall be a blanket floating sum mortgage.

C. The legal relationship between the Defendant’s real estate 1) Busan Shipping Daegu and H, and 2 lots of land (hereinafter “instant real estate”).

On April 6, 2006, the registration of ownership transfer was completed in the name of the defendant on the ground of "trade on May 26, 2005", and the debtor on the same day is the defendant and the mortgagee is the defendant.

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