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(영문) 서울남부지방법원 2014.01.14 2013가합10339

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant invested money in the Badong Loan Co., Ltd. (hereinafter “Badong Deposit”).

The plaintiff and the defendant have been engaged in a transaction with the Bao deposit by taking over documents related to the claim from Pyeongtaek Pacos and lending money, and in case of not being able to receive the claim, it has been engaged in a transaction with the Bao deposit by taking responsibility into the Bao deposit.

B. As to the Defendant’s loan (1) to the Defendant, the Defendant’s mortgage (hereinafter “mortgage”) was set up in the name of K, which is the debtor J, the mortgagee, K, and the maximum debt amount of KRW 270 million, with respect to the instant real estate (hereinafter “instant real estate”), with respect to the Defendant’s loan to the Namyang-si, Nam, E, F, G, H, and I (hereinafter “instant real estate”).

(2) C, who is an employee of Bad Co., Ltd, was transferred the instant right to collateral security on April 6, 201 on the ground of “transfer of confirmed bonds” on April 2, 2011.

On the other hand, on April 5, 201, the Defendant entered into an agreement with C on May 5, 201 to receive KRW 270 million at the due date for repayment, setting the amount of KRW 150 million as the introduction of Bacs on April 5, 2011. On April 6, 2011, the Defendant completed the registration of the right to collateral security on April 6, 201 with respect to the instant collateral security in the name of C.

C On April 27, 2011, the Court notified the J of the establishment of a pledge on the instant mortgage-backed claims.

(3) On March 25, 2004, regarding the instant real estate, separate from the instant right to collateral security, the right to collateral security was established with the debtor J, the maximum debt amount of KRW 170 million, and the right to collateral security with the mortgagee L. However, on July 14, 201, the Defendant completed the registration of transfer regarding the said right to collateral security in its name.

C. The Plaintiff’s remittance to the Defendant (1) was conducted with respect to the instant real estate by way of the Lo Government District Court M&D.

Around September 27, 2011, J, the debtor and owner of the instant real estate, notified C that there was an objection to the distribution against the instant claim based on the right to collateral security.

The defendant also has the same title as the defendant.