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(영문) 서울중앙지방법원 2018.07.18 2017가합23146
대여금
Text

1. The defendant shall pay to the plaintiff A KRW 48,763,440 and KRW 41,66,66 among them from July 19, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. F received, from the Defendant, a promissory note of KRW 165 million in face value, KRW 167 million in face value, KRW 167 million in face value, and KRW 195 million in face value, issued under the name of the Defendant Company G (hereinafter “H”), and paid to the Defendant the sum of KRW 527 million in face value at face value.

B. In order to secure H’s obligation to repair defects to H, the F completed on March 31, 200 the registration of the establishment of a mortgage consisting of the maximum debt amount of 470 million won, the debtor H and the mortgagee I with respect to the building owned by H, and on June 18, 2001, the 376,187,000 won, the debtor H and the mortgagee I with respect to the apartment located in Gangnam-gu Seoul Metropolitan Government (hereinafter “the apartment of this case”) (hereinafter “the apartment of this case”). The mortgage of this case was cancelled on December 10, 209.

C. On April 10, 2001, the Defendant prepared a loan certificate stating that “the sum of KRW 527 million in the discount of notes and KRW 360 million in total, which is equivalent to the maximum debt amount of the mortgage of this case, shall be KRW 887 million” (hereinafter “the loan certificate of this case”) with F was “the loan certificate of this case”).” D.

After that, among promissory notes in Chapter III issued by H, promissory notes worth KRW 195 million have been normally settled. The Defendant paid KRW 332 million from around July 2006 to March 2008, KRW 2 million from around March 2008, KRW 18 million from around April 2008, and KRW 1.5 million from around April 2009 to October 201, the Defendant paid KRW 1.5 million from around October 201, to around October 2016, the principal of the loan in this case remains.

E. The F died on November 21, 2010 (hereinafter “the deceased”) and his significance.

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