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(영문) 수원지방법원 2018.12.20 2018가단508348
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 255,210,000 as well as KRW 200,000 among them, from May 14, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 17, 2012, the Defendant, C, D, and E completed the registration of ownership transfer with respect to F land and its ground buildings in Nam-gu, Dong-gu, Nam-gu (hereinafter “instant real estate”).

B. On March 15, 2013, the Plaintiff acquired 40% of the total shares of the instant real estate in KRW 200 million, and the Defendant concluded a contract for acquisition of shares and a partnership with the content that guarantees the monthly income of KRW 8 million.

C. Accordingly, from March 18, 2013 to April 22, 2013, the Plaintiff paid a total of KRW 200 million to the account in the name of G religious organization whose representative is the Defendant. D.

The defendant prepared the certificate of borrowing (Evidence A1) to the plaintiff, which was written by the date on May 20, 2013.

In the above loan certificate, the defendant borrowed KRW 200 million from the plaintiff, and the due date is October 30, 2013, and the interest is 24% per annum.

On the lower end of the above loan certificate, there is a phrase “for the use of the Defendant’s share in the instant real estate as a restricted supplementary charge” written by the Defendant.

E. Meanwhile, with respect to the instant real estate as of July 17, 2012, the registration of the establishment of a neighboring association of HA, of which the maximum debt amount was KRW 488,00,000, was completed on the basis of HA, of which the association’s maximum debt amount was KRW 487,50,000, and of which the maximum debt amount was KRW 487,500,000, and the maximum debt amount was KRW 487,500,000. On the other hand, on the other hand, the Plaintiff set a subordinate mortgage, of which the maximum debt amount was KRW 20,000,

(B) The Plaintiff’s right to collateral security (hereinafter “instant right to collateral security”). On November 28, 2013, upon the application of the International Union, a prior mortgagee, the Daejeon District Court rendered a voluntary decision to commence the auction of the instant real estate to K on November 28, 2013. On October 10, 2014, the auction procedure was concluded upon the withdrawal of the application.

G. Since then, the co-owners of the instant real estate, such as Defendant C, D, and E, with respect to the entire shares of each of the instant real estate to L, M, and N on March 24, 2015.

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