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(영문) 수원지방법원 2017.12.12 2017가합14874
약정금 변제 이행 등 청구의 소
Text

1. The Defendant’s KRW 196,235,964 to the Plaintiff and KRW 5% per annum from April 7, 2015 to December 12, 2017.

Reasons

1. Basic facts

A. The plaintiff is a person with intellectual disability of grade 3 at the level of intelligence index 68 and age 7 and age 7 of age 7, and the defendant is punished by the plaintiff.

B. Each of the instant collateral security rights 1) With respect to the land size of 30,981 square meters owned by the Plaintiff in Sungsung-si Co., Ltd., the Plaintiff: (a) the maximum debt amount of 24 million won on April 17, 2002; and (b) the Masan National Agricultural Cooperative (hereinafter “Masan National Agricultural Cooperative”).

(B) The establishment registration of a neighboring mortgage was completed on August 24, 2010, and the maximum debt amount was changed to KRW 140 million on August 24, 2010 (hereinafter “instant 1-mortgage”).

(2) On August 23, 2002, the right to collateral security was established with the maximum debt amount of KRW 49 million, the secured debt amount of KRW 49 million, and the secured debt amount of KRW 117,00,000,000,000,000,000 for the land owned by the Plaintiff as well as KRW 678,000,000,000 for the land owned by the Plaintiff as joint collateral. On December 14, 2009, the registered maximum debt amount was changed to KRW 210,000,000.

(hereinafter “the instant 2-mortgage”). The instant 1-mortgage and the instant 1-mortgage are collectively referred to as “the instant 2-mortgage.”

The Plaintiff filed a lawsuit against the Defendant for the return of unjust enrichment by asserting that the Defendant lent money to the Plaintiff’s land owned by the Plaintiff by setting up the right to collateral security, etc. on the instant land, and taking advantage of the Plaintiff’s labor force (U.S. District Court 2013Gahap9836). On June 2, 2014, the said court rendered a decision of recommending reconciliation (hereinafter “decision of recommending reconciliation of this case”) with the following contents, and the said decision was the same.

7. It was finalized on 17.

Decisions

1. Until June 30, 2014, the defendant

A. As to the right to collateral security of KRW 16 million for the maximum debt amount completed on September 10, 1985, No. 31482, which was received on September 10, 1985, with respect to the area of 20,938 square meters in Suwon-si G:

B. As to the first right to collateral security of this case

C. The principal and interest of the secured debt under the name of each Plaintiff is repaid to the relevant obligee regarding the second secured mortgage in the instant case.

2. The Defendant on June 30, 2014

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