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(영문) 대전지방법원 2017.01.19 2016가합923
대여금
Text

1. As to KRW 231,92,754 among the Plaintiff and KRW 140,431,608 among them, the Defendant shall start from June 20, 2012 to January 19, 2017.

Reasons

1. Presumed facts

A. On June 21, 2010, the Plaintiff and the Defendant agreed to the effect that “The real estate of this case owned by the Defendant was leased KRW 142 million in the Plaintiff’s name after completing the registration of ownership transfer under the name of the Plaintiff, and that “The Plaintiff shall obtain a loan of KRW 142 million in the name of the Plaintiff, but the Defendant shall make a full payment of the principal and interest of the said loan,”” as to the real estate of this case, the Plaintiff received a loan of KRW 142 million from the South Korea-Japan (hereinafter “the instant loan”). On June 21, 2010, the Plaintiff completed the registration of ownership transfer on June 21, 2010, and completed the registration of the establishment of the mortgage of KRW 142 million from the South Korea-Japan (hereinafter “the instant loan”). On June 21, 2010, the establishment of the mortgage of KRW 200 million with respect to the instant real estate of this case was completed.

3) The Defendant, who received all of the instant loans, did not pay the principal and interest of the instant loans, unlike the foregoing agreement, due to the Defendant’s failure to repay the principal and interest of the instant loans, the decision of voluntary commencement of auction was rendered on August 11, 201 with respect to the instant real estate No. 1, and as of June 19, 2012, the sum of the principal and interest of the instant real estate No. 201,652,830 won (= Principal KRW 59,652,830,000) was the principal and interest of KRW 142,652,00,000,000). However, on June 19, 2012, the South Korea-Japan borrowed KRW 61,221,222,222 from the said auction procedure, and the Plaintiff and the Plaintiff provided the instant real estate No. 1 and the Plaintiff’s real estate loans under title trust in the name of the Plaintiff (hereinafter “instant real estate No. 2,”).

2) Accordingly, the Plaintiff borrowed a total of KRW 100 million from D and E (hereinafter “the instant loan”). On June 22, 2010, the Plaintiff completed the registration of establishment of a mortgage over the maximum debt amount of KRW 100 million with respect to the instant property Nos. 1 and 2 on June 22, 2010. 3) The Defendant received all the instant loan funds.

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