(영문) 수원지방법원 2015.01.21 2013가단108873

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(영문) 수원지방법원 2015.01.21 2013가단108873

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 7, 2006, the Plaintiff received KRW 160,000 from C, and would repay it until July 8, 2006.

b. On October 18, 2006, the Plaintiff was issued a receipt to the effect that “C borrowed KRW 30 million from the Plaintiff on March 21, 2006.” On the same day, the Plaintiff was issued a certificate of borrowing from D (C) on October 18, 2006, to the effect that “it borrowed KRW 50,000,000,000,000 from the Plaintiff.” On the same day, the Plaintiff was granted a registration of the establishment of a mortgage with respect to Suwon-gu, the maximum debt amount of KRW 65,00,000,000.

C. On January 24, 2008, the Plaintiff obtained a loan certificate from C to the effect that “the Defendant is the principal debtor, the joint guarantor as C, borrowed KRW 100 million from the Plaintiff, and would repay by June 24, 2008.” On the same day, the Plaintiff obtained the registration of the establishment of a neighboring mortgage with respect to F, etc. and three parcels in the name of the Defendant, whose maximum debt amount is KRW 100 million.

C and the defendant are simple mother and female, D and the defendant, and G are husbands of C, and there was no financial transaction between the plaintiff, the defendant, and D, and the financial transaction details between the plaintiff, C and G are as listed below.

E. On October 18, 2006, the Plaintiff received dividends of KRW 20,204,00 from D during the voluntary auction procedure for real estate, which was created by the right to collateral security, based on the maximum debt amount of KRW 65 million, as of March 4, 201.

On May 11, 2006, the amount remitted by C and G to C account: (a) 1.2,00,000 C transferred on April 28, 2005 to the Plaintiff; (b) 2,00,000 G transferred on October 11, 2005 to the Plaintiff; (c) 30,000,000 G remitted on May 8, 2006 to the Plaintiff’s members of Ansan-si; (d) 16,000,000 neighboring mortgage for 16,000,000,000,000,000,006. C; (e) 16,000,006. 2,00,006. 2,00,000,000,000 C and 10,000,06,008,06. 10,006,006. 28,006. 206. 3

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