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(영문) 대전지방법원 서산지원 2018.10.04 2017가합50425
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Voluntary Auction Procedure 1) C Co., Ltd. (hereinafter “C”) for each real estate listed in the separate sheet No. 2 list

(3) On January 4, 2012, each of the real estates listed in the separate sheet No. 2, 200,000,000 won (hereinafter “each of the instant real estates”) owned by the Association C is loaned from the Association.

(2) On October 28, 2013, C completed the registration of creation of a mortgage over KRW 1.7 billion with respect to the maximum debt amount of KRW 1.7 billion. (2) On the following grounds: (a) on October 28, 2013, C shall hold a board of directors meeting to determine the F’s credit amount of KRW 1.1 billion; (b) G and H’s credit amount of KRW 60 million each; (c) thereafter, the amount of credit shall be determined through accounting appraisal; (d) on the other hand, the remainder of KRW 97 billion is transferred to F; and (e) on the other hand, the F’s credit of KRW 1.77 billion + the existing credit of KRW 87 billion + the credit of KRW 600,000,000,000,000,0000,0000,000 won with respect to KRW 3.7 billion with respect to each existing claim of KRW 3 billion with respect to H; and (e) on the Plaintiff’s credit of KRW 2 billion.

According to the above resolution of the board of directors, the maximum debt amount of each of the instant real estate was KRW 1.5 billion, and the debtor, the mortgagee, the mortgagee, and the mortgagee, the plaintiff G, and H, registered the establishment of a neighboring mortgage.

3) The D Union filed an application for voluntary auction of each of the instant real estate with J on January 22, 2014, when it was unable to obtain a loan from C, and the instant court rendered a decision to commence the auction of each of the instant real estate on the same day. B. The Defendant’s acquisition of ownership of each of the instant real estate and the financing of each of the instant real estate are as follows.

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