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(영문) 서울중앙지방법원 2015.09.23 2014가합39218
차용금
Text

1. The Defendant’s KRW 200,000,000 as well as 6% per annum from June 17, 2014 to September 23, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 17, 2003, C, who is the Defendant, acquired the ownership of a building indicated in “the indication of real estate” (hereinafter “the instant building”), and on October 25, 2005, the Defendant leased the No. 103 of the instant building from C to KRW 100,000,000, the lease deposit amount of KRW 100,000,000,000,000,000,000.

B. After that, on March 13, 2008, the auction procedure was initiated to E at the request of D, a creditor of C, and on April 28, 2011, the judicial assistant of this court decided to permit sale to F and G where the highest price was the highest price as KRW 1,970,169,000 on April 28, 201.

C. Meanwhile, on December 23, 2010, H Co., Ltd. (hereinafter “H”) purchased the instant building during the auction procedure from C. In order to prevent the sale of the instant building, the representative director I of H, who was subject to the decision to permit the sale of the instant building, filed an immediate appeal against the said decision to permit the sale of the instant building under the name of the Defendant, who is the person having the right to lease the instant building, on May 5, 201, to raise KRW 197,016,90, to the Plaintiff.

On May 31, 2011, the Plaintiff requested the Defendant to provide a collateral, and the Plaintiff issued a copy of a promissory note with a face value of KRW 200 million on behalf of the Defendant (hereinafter “instant promissory note”). On the same day, the Plaintiff deposited KRW 197,016,90 in the name of the Defendant with a notarial deed with a deposit of KRW 1957,00,000,000 as a deposit of KRW 197,00,000,000,000 on behalf of the Defendant.

(e).

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