대여금
The Defendant’s KRW 1,850,000,000 for the Plaintiff and the following shall be 5% per annum from March 5, 2016 to May 11, 2017.
As long as the establishment of a disposition-related legal doctrine as to the cause of a claim is recognized to be authentic, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition-related legal doctrine, unless there is any clear and acceptable counter-proof as to the denial of the contents stated therein
(See Supreme Court Decision 2014Da19776 Decided February 15, 2017). After the retirement of the recognition, the Plaintiff, who worked in the C real estate brokerage office, was aware of the Defendant who operated the D branch and the hospital with a branch’s introduction around March 2006. Around that time, the Defendant had a plan to newly construct a general hospital by attracting overseas funds, etc.
On March 21, 2006, at the time when the Defendant borrowed KRW 900 million from E and four other parties, the Plaintiff jointly and severally guaranteed the Defendant’s debt to the Defendant’s non-party E and four other parties, and set up a collateral security right with a maximum debt amount of KRW 1.3 billion on the land of the Plaintiff’s husband, Ulsan-gun G, Ulsan-gun, the Plaintiff’s husband’s husband’s husband, which is the Plaintiff’s husband F.
On January 8, 2009, upon the application of E, the auction procedure was initiated for each of the above HH land. On September 22, 2009, the Defendant drafted an agreement with the Plaintiff on September 22, 2009, stating that “one billion won (the capital gains tax) incurred from the offset disposition by collateral against the land I (F ownership) in Ulsan-gun, shall be fully responsible and repaid by the Defendant,” and around that time, written a letter of loan with the effect that “690 square meters (1 billion won (1 billion won) owned by the NF in Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant borrowed the answer 690 square meters (1 billion won (1 billion won).”
On April 2007, the Plaintiff requested the Defendant to pay KRW 200 million within three months at the time of borrowing KRW 200 million from J, and provided the Defendant’s above obligation to J as joint and several surety.
After July 6, 2010, at the request of J on July 6, 2010, the procedure for compulsory auction was initiated with respect to 108, Dong 603 of Ulsan-gu K apartment owned by the Plaintiff, and the Defendant sold on November 18, 2010 to the Plaintiff on November 16, 2010 (17).