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(영문) 인천지방법원 2015.07.24 2015나2201
차용금등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. D, on March 28, 2005, as the Defendant’s spouse, (the Defendant reported a marriage on January 18, 1989 with the Defendant, but the de facto marriage was married on September 20, 201 and thereafter on December 201, 201) borrowed KRW 35 million from the Plaintiff through Dong C, the Plaintiff’s birth, through the Plaintiff’s birth, and written a loan certificate (Evidence A) stating the Defendant as the Defendant’s spouse at KRW 35 million (hereinafter “first loan”), interest at KRW 2.5% per month, the due date for repayment on August 28, 2005, the Defendant and the Defendant’s joint guarantor as D, respectively.

B. On March 16, 2006, the Defendant established the right to collateral security (the maximum amount of claims KRW 50 million) in the name of the Plaintiff with respect to the portion of one-fourths of each of the 1/4 shares of Seosan-si E, F, G, and H acquired on May 26, 2005, and the provisional attachment registration of the Plaintiff was completed on May 15, 2006.

C. As indicated in the separate sheet of deposit, from June 2, 2006 to June 29, 201, each amount was deposited from the account in the name of the Plaintiff to the account in the name of I and N used by the Plaintiff for 29 times. From June 2, 2008 to November 19, 2008 to the account in the name of the Defendant, the sum of KRW 4,125,000 was deposited into the account in the said I’s name as interest, etc.

On the other hand, the defendant acquired J 2307 Dong 101 on December 11, 2007 (hereinafter "J apartment") and lived with D and ASEAN from around that time.

E. On March 11, 201, the Plaintiff provisionally attached J apartment as KRW 35 million. D, through C, on April 18, 2011, set up a loan certificate stating the loan amount of KRW 50 million on October 30, 201, the due date for payment is KRW 2.5%, the debtor, the debtor, and the joint guarantor as D (hereinafter “the loan certificate of this case”). At the same time, J apartment as well, set up a loan certificate stating the loan amount of KRW 5 million in the name of the Plaintiff: the maximum debt amount of the mortgage amount of KRW 65 million in the name of the Plaintiff, the debtor: Defendant, and the Defendant; hereinafter “instant mortgage”).

(b) the registration of establishment.

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