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(영문) 수원지방법원 2018.10.25 2018나944
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On January 20, 2005, the deceased C (hereinafter “the deceased”) lent 13 million UN (the exchange rate of 100N per 100 UN, 42 won per 100 UN) as necessary for the acquisition of singing to his/her his/her his/her his/her his/her his/her his/her his/her husband’s his/her wife, and D decided to repay 180,560 UN monthly from the end of March 2005 to the end of February 2011, and the Plaintiff guaranteed the obligation to return loans owed by D to the deceased under the said agreement.

(2) The deceased’s claim against the Plaintiff (hereinafter “deposit claim”). B.

D repaid to the Deceased the amount of KRW 1 million on May 9, 2005, KRW 597,000 on September 1, 2005, KRW 597,000 on September 1, 2005, KRW 2 million on January 6, 2006, KRW 1 million on February 22, 2006, and KRW 1 million on March 30, 2006.

C. D failed to pay the amount of money to be repaid in installments after April 2006. On May 16, 2006, the deceased completed the provisional attachment registration as to the E apartment complex 204 Dong 403 (hereinafter “instant apartment”) owned by the Plaintiff, upon receiving a decision of provisional attachment on real estate under the Sungwon District Court support 2006Kadan50428, Sung-nam District Court Branching the Plaintiff as the preserved right.

The Deceased, the Plaintiff, and D agreed to exempt the Deceased from the remainder of the borrowed money if he/she repaid a part of the borrowed money to the Deceased, on or before March 2007, the Plaintiff and D disposed of singing around 60 million won, and set up an amount of KRW 60 million at a national bank on or before March 16, 2007, and paid to the Deceased an amount of KRW 60 million.

E. On March 15, 2007, the Deceased filed an application for the cancellation of the provisional seizure with the Sungwon District Court's Sung-nam branch on March 22, 2007, and the above provisional seizure registration was cancelled.

F. On December 28, 2012, the Deceased completed the provisional attachment registration on the instant apartment by obtaining a decision of provisional attachment on real estate from Sungwon District Court (Seoul District Court Branch 2012Kadan51260) by setting the Plaintiff’s claim against the said security deposit as the preserved right.

(g) The deceased was the Seoul Central District Court No. 2012Gahap101812 against the plaintiff and D.

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