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(영문) 울산지방법원 2015.09.09 2014가단24753
구상금 등
Text

1. The Defendant’s KRW 25 million with respect to the Plaintiff and the Plaintiff’s annual rate of 5% from March 27, 2014 to September 25, 2014, and the following.

Reasons

1. Facts of recognition;

A. The Defendant was the promotion chairperson of the E Promotion Committee organized to establish the Ulsan-gun C Group D Association in Ulsan-gun, Ulsan-gun, and the Plaintiff was working for the promotion committee of this case to obtain the consent of the promotion committee of this case.

B. On July 30, 2010, the Defendant borrowed KRW 20 million from F (hereinafter “the instant loan”) by requiring F to remit KRW 20 million to the account under the Defendant’s name on July 30, 2010, stating that “A loaning KRW 20 million to KRW 50 million shall be repaid until October 30, 2010.”

The Defendant, on the same day, prepared a loan certificate (Evidence A 4) with the loan amount of KRW 50 million, and stated the borrower as “B” to the F on the same day.

C. On July 30, 2010, the Defendant issued to the Plaintiff a registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage”) with respect to the instant real estate as security for the loan money, stating that “Ulsan-gun G Apartment 104 and 807, U.S. G apartment owned by the Plaintiff (hereinafter “the instant real estate”). On July 30, 2010, the Defendant borrowed the instant loan from F, the Plaintiff would be entitled to allowances, etc. not received from the instant promotion committee.” On July 30, 2010, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a mortgage”) with respect to the instant real estate as security for the loan money.

On July 30, 2010, the Defendant borrowed KRW 20 million from F to the account under the name of H in the instant promotion committee’s accounting account (Evidence 2). On the same day, the Defendant transferred six (3) cashier’s checks to the Plaintiff at the face value of KRW 1 million that was withdrawn from the account under the said H’s name.

E. The Plaintiff, on June 22, 2013, remitted directly to F KRW 500,000 to F. On March 11, 201, the Plaintiff: (a) ordered I to transfer KRW 10 million to F; (b) 4.5 million to J on May 8, 2012; (c) KRW 5 million to K Company on September 6, 2013; and (d) January 2, 2014.

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