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(영문) 서울고등법원 2016.09.23 2014나6239
대여금
Text

1. At the trial of the court, the receiver C of the rehabilitation company C, which is the taking over of the lawsuit of the defendant C, is the taking over of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff’s loans 1) Joint Defendant B in the first instance trial on December 17, 2010 (hereinafter “B”) is a joint Defendant B in the first instance trial on December 17, 2010.

B) As between B and B, the Plaintiff loaned KRW 100 million to B on March 17, 201 and at the rate of 3% per month, and as security, C Co., Ltd (hereinafter referred to as “C”).

(3) Defendant Daehan Co., Ltd. (hereinafter “Defendant Daehan”) issued by it

) Memberships for golf courses listed in the attached list of the name (hereinafter “instant membership”).

(2) A loan for consumption by means of transfer was entered into on December 17, 2010 with the content of a loan for consumption by means of transfer. In the event that Article 14 (Refunda) B fails to perform its obligation, the Plaintiff may immediately dispose of the transferred object and appropriate it for the repayment of the obligation with the realization money. However, if the realization money falls short of the repayment of obligation, the Plaintiff may claim for the shortage thereof from B, and if there is any remainder, the Plaintiff shall immediately transfer the transferred object to B and transfer its ownership. (2) If Article 15 (Transfer of Ownership) B completely performs its obligation, the Plaintiff shall immediately transfer the transferred object to B and transfer its ownership. (3) The Plaintiff transferred the transferred object of transfer to B on December 17, 2010 after deducting the interest, KRW 3 million,000,000,000,0000,000 won, and the Plaintiff received the membership certificate from B.

B. A notice B of the Plaintiff’s exercise of the transfer security interest did not fully repay the interest and principal of the said loan, and the Plaintiff’s instant warden served each of the instant documents on September 26, 2012 on the following grounds: “The Plaintiff, a mortgagee, acquired the instant membership right because the instant membership right amount (142 million won) did not reach the amount of debt (142 million won) to the Plaintiff as of March 16, 2012.”

C. On February 13, 2013, with respect to C during the rehabilitation proceedings against C and the proceedings pending in the first instance court.

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