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(영문) 부산지방법원 2017.09.22 2016가단357096
대여금
Text

The defendant shall pay 160,00,000 won to the plaintiff and 15% per annum from December 13, 2016 to the day of complete payment.

Reasons

Facts of recognition

The plaintiff, such as payment order and agreed process, filed with the defendant an application for each payment order against the defendant for loans of KRW 50,000,000 and delay damages for the loans of KRW 160,000 and delay damages for the loans of KRW 160,000 and delay damages for the loans of KRW 160,000 (hereinafter "the payment order in this case") with the court of 2006Hu18, the above court of law as loans of KRW 100,000 and delay damages for the loans of KRW 200,000,000 with the court of 207Hu5, respectively.

The plaintiff filed an application for compulsory auction against the real estate owned by the defendant with the Busan District Court Dong branch C, the same court D, the same court E, and the same court F, with the title of the above payment order as the execution title.

On July 13, 2007, the plaintiff and the defendant G (the defendant's son; hereinafter "the plaintiff's son") withdraw the above four request for auction, instead of withdrawing the above four request, the defendant and the non-party, a joint guarantor, filed a provisional registration of Nos. 103, 401, 402, and 501 (hereinafter "the loan of this case" in the name of the plaintiff, and individually, the number of houses is referred to as "the provisional attachment of Facululul" in the name of the plaintiff. The provisional attachment of Faculululul shall be cancelled by July 20, 207, and the plaintiff shall be paid KRW 1,50,000 per month as part of the interest, and the provisional registration is completed as of July 11, 2007 through July 12, 2011 each of the purchase and sale of the loan of this case as the purchase price of this case.

(hereinafter referred to as “the provisional registration of this case.” Thereafter, on March 28, 2008, the Plaintiff agreed to cancel the provisional registration of 103 against the Defendant and the Nonparty, and the Nonparty established the right to collateral security against the Plaintiff within three days after the provisional registration was cancelled. The disposition of the remainder of the loan of this case shall be based on the pre-sale agreement, but the date of the completion of the pre-sale agreement shall be the Plaintiff’s intention, and the purchase price shall be deducted from the loan amount of the Defendant against the Plaintiff.

On July 9, 2008, the Plaintiff owned by the Defendant, Busan Si/Gun/Gu.

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