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(영문) 대구지방법원 2015.09.10 2014나19095
대여금
Text

1.The judgment of the first instance in respect of the principal action shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The amount of daily increase for basic facts: this twenty million won ( 20,000,00) shall be regularly borrowed and paid in full by December 31, 2012. If the payment is not made within the due date, real estate of 1121 square meters before the date of racing shall be created.

On December 6, 2012, the borrower D surety B

A. D borrowed KRW 20 million from E under the Defendant’s guarantee on December 6, 2012, and D and the Defendant, on the same day, set up and awarded to E the following borrowing certificates (No. 1).

B. D requested C, a licensed real estate agent for early December 2012, a real estate agent for the Defendant, to color a lender capable of lending money as security, with a size of 15,121 square meters (hereinafter “instant land”). C was notified that the Plaintiff could lend KRW 35 million to the instant land as security.

C. As to the instant land, the Daegu District Court and the racing-affiliated Branch of the Daegu District Court received on December 13, 2012, KRW 45 million on the maximum amount of claims, and the registration of establishment of a neighboring mortgage with the debtor as the defendant and the mortgagee was completed.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) D.

C requested D to inform the account to be deposited by telephone immediately after the establishment of the instant right to collateral security, and D notified C of its account, and on the same day, 35 million won was remitted from the Plaintiff’s account to D’s account.

E. D received the Plaintiff’s request to prepare and request a loan certificate under the name of the Defendant via C at the end of two months after the above remittance, and without the Defendant’s consent, arbitrarily prepared and delivered the loan certificate under the name of the Defendant with the following content (Evidence A 1).

The next increase of loans: Samcheon,00,000,000 won, as specified above.

On August 10, 2013: The rate of interest on August 10, 2013: 5 copies : If the due date is violated, the civil and criminal liability shall be borne.

On December 13, 2012, BY, a borrower on December 13, 201, return to A (the basis for recognition) of the I building 606.

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