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(영문) 대전지방법원 2016.06.14 2015가단225230
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 16, 2014, the Plaintiff, along with the Defendant, drafted at the office of the Daejeon General Law Firm, a notary public a notarial deed under a money loan contract for transfer security (hereinafter “notarial deed of this case”) with the following content:

Creditor: The obligee of the obligee: On December 16, 2014, the obligee of Plaintiff 1 (money lending) lent KRW 30 million to the obligor and the obligor borrowed it.

Article 2 (Method of Performance) The due date of the borrowed money was set on April 30, 2015.

Article 9 (Transfer for Security) The obligor transferred the ownership of the article listed in the [Attachment List] to the obligee by means of possession revision for the purpose of securing the performance of the above obligation, and the obligee acquired it by transfer.

List of objects transferred for security: Raw Ginseng 730 mar (Amar 1,400 mar) in the Yansan-gun, Chungcheongnam-gun, Geumsan-gun.

B. The Plaintiff attached a certificate of personal seal impression and resident registration card issued by the Plaintiff on December 16, 2014 at the time of the preparation of the instant authentic deed.

C. On December 2014, the Plaintiff borrowed KRW 21 million from the Defendant, the due date for repayment shall be April 30, 2015. If the Defendant is unable to repay the said money by the above date, the Plaintiff prepared a loan certificate stating that the Defendant will not interfere with or raise any objection to the said claim even if he/she directly collects and sells the property transferred for security owned by the Plaintiff, which is cultivated within the Chungcheongnam-gun Seoul Special Metropolitan City, as well as compulsory execution by the instant notarial deed, and that he/she will be punished for civil or criminal punishment if he/she interferes therewith.

[Reasons for Recognition] Evidence A2, Evidence B 1-1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant entered into a subcontract for the 6 Dong and 7 Dong Damp Construction among the new construction works of the three residential facilities and multi-household houses from the defendant, and the defendant's design drawings are changed during the construction works.

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