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(영문) 서울중앙지방법원 2017.01.10 2015가단5360573

구상금 등

Text

1. The Defendants jointly share the Plaintiff KRW 60,783,258, and KRW 59,607,441 among them, from November 12, 2015 to December 2016.

Reasons

1. Basic facts

A. (i) On March 22, 2014, Defendant A entered into a lease agreement with Defendant B (the Defendant is the remaining land) on KRW 160,000,000 as to the lease deposit with Defendant B (the Defendant is the real estate in this case) of the non-Dong-dong 1808 (hereinafter “instant real estate”).

B. On March 24, 2014, Defendant A obtained a loan of KRW 89,00,000 from the Korea C&T Bank (hereinafter “instant loan”).

Secondly, the Korean Bank set up a pledge (hereinafter “instant pledge”) within the limit of KRW 106,80,000 regarding the claim to return the lease deposit under the lease agreement.

In addition, on March 26, 2014, the documents related to the tenant loan loan were delivered to the employee of the company employed by Defendant B, and on March 28, 2014, around 12:36, an employee in the new century, who was in charge of the affairs related to the above loan, made a telephone conversation with Defendant B, and notified that “the amount of pledge out of the deposit for the deposit for the deposit for the deposit was sent to the St Bank when the tenant A is a director or director,” and the fact of the pledge was notified.

• Defendant A entered into a personal financial insurance contract (hereinafter “instant guarantee insurance contract”) between April 4, 2014 and April 1, 2015, with respect to the obligation to repay the instant loan between the Plaintiff and the Plaintiff, which is stipulated as the insured C&T Bank of Korea, the purchase amount of insurance to KRW 97,900,000, and the insurance period from April 1, 2015.

B. On December 6, 2014, Defendant A entered into a contract with Defendant B to purchase the instant real estate at KRW 190,000,000 (the 160,000,000 out of the sale price shall substitute for a lease deposit and pay the remainder of 30,000,000 won to Defendant B). The registration of ownership transfer was completed under Defendant A’s name as of December 19, 2014 at the registry office of Suwon District Court Sung-nam branch branch branch of Suwon District Court (the 87395 of the receipt on December 19, 2014).

(2).