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(영문) 서울동부지방법원 2016.12.21 2015가단129053
근저당권말소
Text

1. The Defendant (Counterclaim Plaintiff) shall have the Seoul Eastern District Court on the real estate stated in the attached list to the Plaintiff (Counterclaim Defendant).

Reasons

1. Determination on the main claim

A. The Defendant, upon introduction of D around January 1 through 2, 2008, invested and promised to pay a total of KRW 150 million to C engaged in a business in the Philippines, and subsequently filed a criminal complaint against D on or around June 2014. D was subject to a disposition of fraud (Evidence of Evidence) around November 26, 2014. (2) The Defendant was prepared to file a criminal complaint against C for the same suspicion; (3) around June 17, 2015, as indicated in the “Agreement” with C; (4) KRW 75 million out of the above investment amount; (5) KRW 40 million was paid from C; and (5) KRW 500,000,000,000,000,000 to be paid to C as security; and (5) KRW 305,50,000,000,000,000 to be paid to each of the above creditors until July 22, 2015.

After that, around July 2015, the Defendant filed a criminal complaint against C on the charge of fraud, but was subject to a disposition of no suspicion around November 26, 2015.

Although the defendant filed an appeal and filed an application for adjudication, the defendant was dismissed on February 24, 2016 and June 9, 2016.

3) In preparing the above agreement, with respect to the above KRW 35 million, the Defendant and C: (a) on June 17, 2015, C borrowed interest at interest without interest from the Defendant; (b) on August 31, 2015, the due date for payment was due; and (c) on August 21, 2015, delay damages was 20% per annum; (d) the Defendant and C have drawn up a monetary loan agreement with respect to the instant real property at issue at the time of the preparation of the said agreement; (b) the obligee, as to the instant real property at the time of the preparation of the said agreement; (c) the obligor, the obligor, and the obligor, the obligor, and the obligor, within the scope of the maximum amount of the debt; and (d) the instrument of borrowing and signing as either the sole or joint obligation or the surety

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