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(영문) 대구지방법원 2016.08.25 2015나17645
대여금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff (Counterclaim Defendant) that orders payment below.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. 1) The Plaintiff and the Defendant stated that “The rent amount: 16 million won: interest rate: 12% per annum; date of redemption: within one year from the date of borrowing (Provided, That in consultation with each other at the time of postponement and in the event of unredeemed settlement, measures to preserve claims shall be taken); purpose of borrowing: Housing purchase funds; date of preparation: a certificate of borrowing (a certificate No. 1; hereinafter referred to as “the first certificate”) stating that “the date of borrowing is within one year from the date of borrowing.”

2) The Plaintiff and the Defendant drafted a loan certificate stating the following: from June 22, 2005, the repayment date: from June 22, 2005, to December 31, 2008 (Provided, That the repayment date may be postponed by one year after mutual agreement at the time of postponement): 12% per annum; the details of loan transfer and cash loan to the head of the Tong; the special agreement: Claim preservation measures - Establishment of 100 million won ( Daegu Dong-gu C Housing); and the date of preparation: August 18, 2006: the loan certificate stating the following (No. 2).

B. On November 22, 2004, the Defendant completed the registration of ownership transfer on the real estate listed in paragraph (1) of the [Attachment List No. 1] (hereinafter “real estate No. 1”) by reason of sale due to voluntary auction as of November 22, 2004 by the Daegu District Court Decision No. 4992, Nov. 22, 2004.

C. 1) On August 18, 2006, the Plaintiff registered the establishment of a mortgage on the real estate No. 1 owned by the Defendant as the debtor and the maximum debt amount of KRW 100 million (hereinafter “the registration of the establishment of a mortgage on the instant real estate”).

(2) D) On March 26, 2007, as Daegu District Court 2007Kadan4876, D was decided to make a provisional attachment with a claim amounting to KRW 1479 million in respect of real estate No. 1, and the provisional attachment registration was completed on March 27, 2007.

3 D around March 25, 2008, as Daegu District Court 2008Gahap3200, filed a lawsuit against the Defendant seeking the return of the lease deposit and the claim for damages against the Plaintiff, and the revocation of the fraudulent act seeking the cancellation of the registration of the establishment of the creation of the neighboring mortgage of this case against the Plaintiff, and the Defendant of May 11, 2009 was KRW 23 million against D.

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