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(영문) 서울동부지방법원 2014.07.25 2013가단11073
차용금
Text

1. The Defendant’s KRW 25,660,868 as well as the Plaintiff’s annual rate of 5% from March 25, 2011 to March 6, 2013, and the next day.

Reasons

Determination as to the cause of the claim Gap 1, 2, and 5 (No dispute exists that each of the defendant's seals affixed to a promissory note and a standard contract for loan transaction is made with the seal of the defendant. Thus, the authenticity of each of the above promissory note and the standard contract for loan transaction is presumed to have been made. The defendant's seal impression as above is affixed by deceiving employees of the lending company or the plaintiff, etc., and thus the issuance of a promissory note is cancelled. However, there is no evidence to acknowledge this fact, the above defense is not accepted.) according to each of the above statements, the defendant prepared a standard contract for loan transaction with the contents of loans borrowed from the plaintiff from March 20, 207 to July 20, 2007, the defendant prepared a standard contract for loan transaction with the contents of 30 million won from the plaintiff to July 20, 2007, the defendant secured the above loan debt, the payment date of KRW 1,500,000,000,000,3.

Meanwhile, according to the records in Gap 4, 9-1, and 9-2, the defendant, on March 20, 2007, completed the registration of creation of a neighboring mortgage, which is the debtor, the creditor, and the plaintiff, on the following grounds: on March 20, 2007, the defendant received KRW 4,339,132 from the above collateral security on March 24, 201, and then used the above money to pay the principal amount of the loan, as the maximum debt amount; however, on November 13, 2009, the registration of establishment of a neighboring mortgage was completed; however, the decision of commencement of the sale of the real estate as the Seoul Central District Court E on November 13, 2009 was rendered; and the plaintiff received KRW 4,39,132 from the above collateral security on March 24, 2011.

Therefore, the Defendant’s remaining amount of Promissory Notes 25,660,868 won (=30 million won - 4,339,132 won) and as sought by the Plaintiff, from March 25, 2011 to March 6, 2013, the delivery date of a copy of the instant complaint, as sought by the Plaintiff.

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