양수금
1.The judgment of the first instance shall be modified as follows:
The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 13,096,638.
1. Facts of recognition;
A. As of June 24, 2003, Defendant C prepared a certificate of borrowing on behalf of the Defendant D Co., Ltd. (hereinafter “Nonindicted Company”) that “a KRW 123 million is borrowed and interest is fixed at 15% per annum.”
(A) No. 1, hereinafter referred to as “the loan certificate of this case”). B.
On December 11, 2003, the Defendants registered the creation of a collateral security right of KRW 200 million in the name of the non-party company, a creditor of Taedong Industrial Co., Ltd., the creditor of Taedong Industrial Co., Ltd., which is the creditor of the non-party company, with respect to the value of 488 square meters, M road, 7 square meters, and 974 square meters
C. On February 10, 2009, Defendant C paid KRW 50 million to the Plaintiff, and the above right to collateral security was cancelled on February 23, 2009.
On November 19, 2009, the Defendants registered the creation of a collateral security right of KRW 100,000,000,000 for the Plaintiff’s creditor, in the name of Pyeongtaek Textiles Industries Co., Ltd., a creditor of the Plaintiff, with respect to the land of the above Kari owned by the Defendants, and the 87.5 square meters and livestock pens owned by Defendant B.
E. Defendant C borrowed KRW 50 million from the Plaintiff on January 1, 2010, and set up a collateral security right on the third and third parcels owned by the Defendants as collateral. The principal shall be repaid up until June 30, 2010: Provided, That with respect to the termination of the collateral security right, Defendant C received the transfer of the right from the Nonparty Company on June 24, 2003, KRW 73 million out of the remainder of KRW 123 million borrowed from the Nonparty Company, and Defendant C shall pay KRW 123 million to the Plaintiff. As such, Defendant C, on June 30, 2010, decided to terminate the collateral security right if it repaid KRW 50 million on June 10, 2010, and the remainder of KRW 23 million shall be set up after mutual agreement.”
(A) Evidence No. 5, hereinafter “instant written agreement”). (f) Defendant C is a loan certificate stating that “The Plaintiff shall pay KRW 100 million to the Plaintiff at the same time with the same time, and “the repayment shall be made by June 30, 2010.”