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(영문) 부산고등법원 2012.01.31 2010나8778
가등기말소
Text

1. The judgment of the first instance is revoked, and all of the plaintiff's claims are dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged by taking into account the whole purport of the pleadings in each of the entries in Gap evidence 1-1-5, Gap evidence 2-5, Gap evidence 6-1-4, Gap evidence 7, 10, 11, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 3, and 4.

On February 27, 2006, D, which was the plaintiff's fraudulent act, borrowed the above KRW 680 million from the defendant to the defendant for the convenience of enforcement and cost reduction, and agreed to separately borrow the above KRW 680 million from the defendant to the principal debtor at the defendant's request for the convenience of enforcement and cost reduction, and accordingly, to separately provide each principal debtor with security.

B. Under the above agreement, Defendant and D shall prepare a loan transaction agreement (Evidence No. 3) with respect to the obligations of the Plaintiff, joint guarantor, E and D, the Plaintiff’s wife, E and D with the interest rate of 6% per annum, and with respect to the obligations of the first-use loan as of May 31, 2007 with the due date for payment of 6% per annum, and with respect to the obligations of the first-use loan, the form and interest rate of which are different from some different loans (as submitted in the first instance trial, not the standardized form under the title “the certificate of the first instance,” and the interest rate of which is 5% per month.

(i)A standardized form used by financial institutions, etc. under the title "a loan transaction agreement" (which was submitted for the first time in the trial) and subparagraph 3 (the same form as "a loan transaction agreement (Evidence 1)" with respect to the second-use loan debt, the interest rate of which is 66% per annum, and is the same as "a loan transaction agreement (Evidence 1)" with respect to E.

) The existence of the date of borrowing appears to have been made at the same time by both parties on February 27, 2006;

With respect to the remainder of KRW 300 million (hereinafter referred to as the "second-use loan obligation"), the debtor prepared a loan transaction agreement in which E, joint and several sureties entered as the plaintiff, D, interest rate of KRW 66 per annum, and the due date of payment on May 31, 2007 (Evidence 1).

C. D. The sum of the loans of Nos. 1 and 2 shall be 68.0 million won.

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