(영문) 의정부지방법원고양지원 2017.07.06 2017가단70430



1. Upon the primary claim, the Defendant: (a) KRW 50,000,000 to the Plaintiff; and (b) from February 3, 2015 to July 6, 2017 to the Plaintiff.


1. The fact that the Plaintiff, via the lending company of “C” on September 14, 2010, borrowed KRW 50 million from the Defendant as interest rate of KRW 3% from the Defendant (hereinafter “the Defendant’s loan claim”), and on the same day, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to the “D Apartment 116 and 2002” (hereinafter “the instant real estate”) owned by the Defendant as to the Defendant, which is owned by the Plaintiff to the Defendant on the same day.

(2) On January 21, 201, E, an employee of the “C”, remitted KRW 49.2 million to the F’s account on January 21, 201, and the said money was paid by G to acquire the instant claim and the right to collateral security. Meanwhile, F, with the Defendant, was a person who lent money to “C” or processed it on behalf of the Defendant.

G sent money as above and kept all documents, such as the certificate of personal seal impression in the name of the defendant, the information on completion of the registration of the mortgage of this case, and the notice on completion of registration.

H paid KRW 4,9250,00 to G through “C” on July 6, 2011.

Meanwhile, from January 21, 201, the Plaintiff paid interest on the instant claim to G from January 21, 201, and paid H interest on the instant claim from July 6, 2011.

However, the Defendant offered to the Plaintiff on March 4, 2014 that he did not transfer the instant claim to another person, and the Plaintiff did not pay interest to H from March 4, 2014.

The defendant filed an application for auction on the basis of the right to collateral security of this case, and the real estate auction procedure (U.S. District Court High Court 2000) began.

The Plaintiff paid a total of KRW 5 million to the Defendant on November 20, 2014, and KRW 50 million on February 2, 2015, and paid an additional interest of KRW 18 million on the instant claim. The Defendant withdrawn the above application for auction.

However, H acquired the instant claim by transfer.