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(영문) 서울동부지방법원 2015.05.15 2014나22781
차용금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On September 29, 2006, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage on the instant real estate”) of the Seoul Metropolitan Government D, 106.5 square meters and the second floor thereof (hereinafter “instant real estate”) owned by the Defendant on each of the following grounds: (a) the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage on the instant real estate”) of the Seoul Metropolitan Government Seoul Central District Court I on February 15, 2007 by filing an application for voluntary auction on the instant real estate.

B. On March 20, 2007, the Plaintiff withdrawn the application for voluntary auction, and on the same day, the registration of the establishment of the creation of the creation of the creation of the neighboring land No. 1 of this case was revoked, and the Defendant, on the same day, completed, respectively, the registration of the establishment of the creation of the neighboring land of KRW 325,00,000 (debtor: H) to the Plaintiff, and the registration of the establishment of the establishment of the neighboring land No. 2 of the maximum debt amount of KRW 45,00,000 (debtor: Defendant) to the Plaintiff.

C. In addition, on March 20, 2007, the Defendant signed and sealed the standard form of loan transaction contract (Evidence A6; hereinafter “instant loan contract”). The above contract states as follows: “30,000,000 won for the loan, interest rate of 2.5% for the contract date (date of loan), March 20, 2007 for the contract date (date of loan) and July 20, 2007 for the following reasons: (a) the trade name or name, telephone number, business registration number, credit business registration number, and address of the credit service provider are all the public pages.

On the other hand, the J shall commission the preparation of a notarial deed on behalf of the defendant, on March 22, 2007, as to a promissory note of KRW 15,000,000 at par value (the issuer: the plaintiff, the date of issuance: March 20, 2007; the date of payment: sight pay, the place of issuance, the place of payment and the place of payment: Seoul; hereinafter "the Promissory note of this case") stating the purport of recognizing compulsory execution, and the notary public on the same day shall commission the preparation of a notarial deed of KRW 15,00,000 on behalf of the defendant.

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