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(영문) 서울서부지방법원 2015.01.20 2014가단4265
대여금 및 약정금
Text

1. As to Defendant B’s KRW 78,590,364 and KRW 76,670,780 among them, Defendant B’s KRW 1,919,584 from February 12, 2014 to the Plaintiff.

Reasons

1. On March 13, 2006, the registration of ownership transfer with respect to the land of this case (hereinafter “the land of this case”) was completed on March 13, 2006 at the time of recognition. On April 18, 2006, the registration of ownership transfer was completed (the maximum amount of claims: 195,000,000 won; hereinafter “the registration of creation of mortgage of this case”) and the loan of KRW 150,00,000 was executed against the Plaintiff as security.

In 207, the Plaintiff and Defendant B agreed to obtain a loan from a financial institution under the Plaintiff’s name, and the use of the loan and the repayment of principal and interest are liable for Defendant B’s calculation.

(2) On September 12, 2007, the Plaintiff received a loan of KRW 70,000,000 in total from the Gamba-gun on September 2, 2007

Of the loans, KRW 50,00,000 (hereinafter “the instant loan”) increased the maximum debt amount to KRW 273,000,000 by the maximum debt amount of the instant mortgage creation registration, the registration of alteration was completed on September 10, 207, and the additional loan was made as security.

On September 12, 2014, general loans (credit) 20,000 G-type (3 months) with the base interest rate of 50,000,000 EF-based loans linked to the final repayment rate of 1 mutual-aid loans (mortgage 50,000,000) in the bank account number connection account (F; hereinafter “the first mutual-aid account of this case”) in the name of the Plaintiff on March 12, 2012, the bank account (F; hereinafter “the first mutual-aid account of this case”) under the name of the Plaintiff was transferred the control of the above account by registering the loan account as the connection account at the time the Plaintiff received the loan of this case and issuing the cash card to the Defendant and informing him of the password. At that time, Defendant B used the above account from around that time, and currently was in possession of the passbook and seal as Defendant B’s account circumstance.

On the other hand, the new bank bank account in the name of the plaintiff H.

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