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(영문) 서울고등법원 2015.06.04 2013나75153
청산금 등
Text

1.The counterclaim part of the judgment of the court of first instance, including a claim modified at the trial, shall be modified as follows:

Reasons

1. Basic facts

A. On April 20, 2010, the counterclaim Defendant B entered into a contract with the counterclaim Plaintiff to lend interest of KRW 90 million at a rate of 36% per annum (hereinafter “Loan Agreement on Loan for Consumption as of April 20, 2010”). By April 21, 2010, the counterclaim Defendant paid KRW 54 million to the counterclaim Plaintiff KRW 3,354,200,000,000 and KRW 3,354,200,000,000, excluding KRW 16,854,200,000,000, out of KRW 73,145,80,80,000.

B. On April 21, 2010, the Counterclaim filed a provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) in the name of the counterclaim Defendant A with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) in order to secure the return of the said loan, and the real estate listed in the separate sheet was specified in the separate sheet, and the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) was completed in the name of the counterclaim Defendant B on the same day.

C. On April 22, 2010, the counterclaim Defendant entered into a contract with the Lessee to make the provisional registration of the above claim for ownership transfer and the registration of the establishment of the mortgage in the above neighboring area as security and to lend 40 million won to the Lessee by setting the interest at 3% per month (hereinafter “instant loan contract for consumption as of April 22, 2010”), and on the same day, paid to the Lessee KRW 2.4 million deducted from the commission amounting to KRW 40 million and KRW 35 million deducted from the commission amounting to KRW 3.5 million.

D On May 11, 2010, the introduction of the counterclaim Defendant entered into a contract with the Counterclaim Defendant to grant loans of KRW 230 million by setting the provisional registration of the above right to claim ownership transfer and the registration of the establishment of the above neighboring mortgage as security at 36% per annum (hereinafter “Loan Agreement of this case”). Accordingly, on May 14, 2010, the aforementioned amount of KRW 230 million with KRW 207 million with KRW 20 million with KRW 13,920,500, total of KRW 344.

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