대여금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. 1) The Defendant: (a) on March 4, 2003, issued and delivered the loan certificate of this case; and (b) on April 30, 2003, the loan certificate stating the borrower as the Defendant and the due date for repayment as to KRW 40 million (hereinafter “the loan certificate of this case”).
A) Around that time, the Plaintiff prepared and delivered to the Plaintiff, and at the Plaintiff’s request, the Defendant’s name entered in the column for the lender’s entry of the above loan certificate, entered C (Divorce with the Defendant around July 7, 2009) as at the time the Defendant’s spouse was additionally entered as the borrower. (2) On March 10, 2003, the Plaintiff’s account in the name of the Plaintiff was transferred from the account in the name of the Defendant to the account in the name of the Defendant (= KRW 10 million).
B. 1) Multi-household Housing E (hereinafter “instant purchased house”) in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul and multi-household housing E (hereinafter “instant purchase house”).
With respect to C on March 29, 2003, the registration of ownership transfer was completed on February 10, 2003 under the name of C as the grounds for registration. On May 2, 2003, the establishment of mortgage (hereinafter “mortgage of this case”) consisting of the debtor C, the mortgagee F (Plaintiff’s wife), the maximum debt amount of KRW 50 million, and the registration of creation of mortgage (hereinafter “mortgage of this case”).
2) On October 4, 2005, the court distributed 2,011,449 won as a mortgagee to F on October 4, 2005, and F received the said dividends on November 11, 2005.
C. As a result of the previous lawsuit, on December 6, 201, F lent KRW 50 million to C on or around March 25, 2003 at the request of the Defendant, who is one of the husband, around January 2003, and created the instant collateral security right as a security. As C is obligated to pay the remainder of the loan amounting to KRW 47,988,51 (= KRW 50 million – KRW 20,011,449) by asserting that “A is obligated to pay the remainder of the loan amounting to KRW 47,98,51” (hereinafter referred to as “previous lawsuit”).
B. At the time, the Plaintiff, as the mother of F, was directly engaged in the said lawsuit with the permission of proxy as the mother of F, and the Defendant also obtained the permission of proxy.