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(영문) 부산지방법원 2015.02.04 2014나13270
구상금
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. The following facts can be acknowledged based on the following facts: Gap's certificate No. 1 (a loan transaction agreement and the defendant's signature and the defendant's seal imprint affixed thereon, and thus, the authenticity of the entire document is presumed to have been established. The defendant asserts that the above loan transaction agreement was forged or altered by the plaintiff, but there is no evidence to acknowledge it), Gap's letter of evidence Nos. 2, 3, 4, and 9, the examination result of the plaintiff's principal trial before remand, the fact inquiry results of the first instance court's Tong-gu Fisheries Cooperatives (hereinafter "Yyoung"), and the whole purport of oral argument. A.

On August 16, 1997, the Defendant borrowed 10,000,000 won from the Tong Young-gu Cooperative at interest rate of 13% per annum, 20% per annum, due date for payment on August 16, 1998 (hereinafter “instant loan”), and the Plaintiff provided joint and several surety for the instant loan obligations to the Tong Young-gu Cooperative on the same day.

B. On October 15, 1997, the Defendant repaid the principal amount of KRW 4 million among the above loans, the principal amount of KRW 2 million on November 17, 1997, and the principal amount of KRW 7 million on March 21, 200 to the Tong Young-gu Cooperative.

C. On April 21, 2001, the Dong Young-gu Cooperative completed the provisional attachment registration of KRW 27,980,065, respectively, on the claim amounting to KRW 10,339,99, the claim amounting to KRW 44,602,892, and the claim amounting to KRW 237,00,000,000,065, which is owned by the Plaintiff on March 5, 2002, with respect to the amount of KRW 498,00,000,000,000,000,000,000 won as to the joint and several surety for the instant loan and other claims against the Plaintiff.

(hereinafter referred to as “each of the instant real estates”) D.

In the case of voluntary auction (Yongwon Branch Branch Branch Branch Branch Branch Branch E), which was applied by the New Young-gu Saemaul Bank for each real estate of this case, the Tong Young-gu has demanded the distribution of KRW 29,516,359 to the creditor of provisional attachment against the plaintiff, and the above auction court shall be KRW 3,528,706 on June 21, 2002.

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