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(영문) 서울고등법원 2016.11.03 2016나2031587

양수금

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1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) The Defendant’s mother D is a company G (hereinafter “G”) with the business of trading heavy automobiles from around 2002 to the F Motor Vehicle Trading Complex in Seongdong-gu Seoul Metropolitan Government (hereinafter “F”)

A) Around November 201, the Defendant operated G as the representative director of G. Around November 201, the Defendant was in charge of the overall management of G’s funds and sales business. (2) D had registered and operated the automobile management business under the trade name of H (hereinafter “H”) in the said FF Motor Vehicle Trading Complex from December 17, 2007.

B. 1) D was leased KRW 300 million from the Bank in order to raise the business funds of G on January 9, 2012. The Defendant’s mother, the Defendant’s mother on the same day, is 932 square meters prior to J in Gwangju-si (hereinafter “J land”) he/she owns in order to secure the above loan obligations.

(2) On February 2, 2012, N set up a collateral security (hereinafter “instant loan”) which is a maximum debt amount of KRW 360 million, G, and E-mortgage Co., Ltd., the debtor, G, and E-mortgage Co., Ltd.) at the interest rate of KRW 300 million in G, 39% per annum, 39% per annum, and 1 May 2012 (hereinafter “instant loan”).

Plaintiffs, D, andO jointly and severally guaranteed the instant loan obligations against N on the same day.

I, in order to secure the debt of the instant loan on the same day, set up a maximum debt amount of J land 450 million won, G, the debtor-mortgage P, the mortgagee-mortgage.

The loan obligations of this case have not yet been repaid.

C. 1) On January 11, 2012, the Defendant: (a) transferred the name of H on January 11, 201 to H (hereinafter referred to as “D”) from the Defendant to K; and (b) the name of H from H to L, and the name of M from L to H is collectively named as “the instant commercial company”.

The report on the transfer and acquisition of the automobile management business was submitted to the head of Sung-dong Seoul Metropolitan Government, which received the automobile management business from D.

Accordingly, this case.