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(영문) 대구지방법원 포항지원 2018.08.14 2017가단2951
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay 120,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from July 11, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The plaintiff is denied by C, and the defendant is the birth of C.

C around September 1996, around 50,000 won borrowed from the Defendant.

On February 27, 2014, the registration of creation of a neighboring mortgage, which is the debtor, the defendant, the mortgagee company G, the maximum debt amount, 60,000,000, was made on February 27, 2014 with respect to the 1374 square meters (the lot number before the change of the administrative district: F before the change of the administrative district; hereinafter referred to as the "E land of this case"), North-Gu E, North-gu, Dong-gu, which was registered under the name of Dong C, and the defendant used 50,00,000

The Plaintiff completed the registration of transfer of ownership on December 24, 2014 on the instant land by reason of sale on October 31, 2014.

On March 30, 2015, with respect to the registration of creation of a mortgage (number before the change of an administrative district: I; hereinafter referred to as “instant H land”) around H-gu, Chungcheongnam-gu, North Korea, which had been under the name of D, the establishment of a mortgage was completed on March 30, 2015. The Defendant was loaned KRW 100,000,000 based on the said right to collateral security.

On April 3, 2015, the following day following the deposit of KRW 100,000,000, the Defendant received a loan certificate from C, stating that “C shall borrow KRW 100,000,000 from the Defendant, and C shall repay the principal amount of KRW 100,000,000 and interest at the rate of K Union fluctuations for 36 months from April 3, 2015 to April 3, 2018; and it shall be the amount borrowed from the land of this case as collateral and the Defendant may claim the right to land if the repayment of money is not possible.”

However, the defendant paid only KRW 30,000,000 among the above KRW 100,000,000 to the plaintiff or C, and the remainder KRW 70,000,000 was used by himself.

On the other hand, on May 19, 2015, the establishment registration of a neighboring mortgage was completed on the instant H land, which was KRW 50,000,000, for the debtor, the mortgagee, the J-mortgage, the maximum debt amount, 65,000,000, and the Defendant was granted a loan of KRW 50,000 based on the foregoing right to collateral security, and paid it to the plaintiff or C.

The plaintiff on June 14, 2017.

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