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(영문) 서울중앙지방법원 2018.02.09 2017가합504928

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant 1,80,000,000 won loan 1) The plaintiff and the defendant are as follows: D hotel building and each real estate listed in the separate sheet (hereinafter "the real estate of this case") on August 11, 2006 under the direction of C which act as a broker for the sale and purchase of hotel and telecom, and as a broker for loan brokerage, business, etc.

(2) On September 17, 2006, the Plaintiff and the Defendant jointly sold the instant real property at the time of the joint bid and completed the registration of ownership transfer on September 29, 2006, each one-half of the share of each of the instant real property. (2) At the time of the registration of ownership transfer, the Plaintiff and the Defendant agreed to bear a half of the successful bid price of the instant real property of KRW 5,367,500,000, which is a half of the successful bid price of KRW 800,000,000, the Defendant paid the remainder of the successful bid price of KRW 800,000 after subtracting the above KRW 80,000,000. The Defendant, on August 17, 2006, prepared a loan certificate with the purport that the Plaintiff borrow some of the remainder of the successful bid price of the instant real property of KRW 1,80,00,000,000 from the Plaintiff.

B. A provisional registration made on April 30, 2007 1) The Defendant made a provisional registration on April 16, 2007, the Defendant: (a) on April 16, 2007, the New Bank and New Capital Co., Ltd. (hereinafter “New Bank”) and the New Capital Co., Ltd. (hereinafter “New Bank”); and (b) on a general basis, the Defendant called “New Bank, etc.”

(2) The Plaintiff and the Defendant loaned approximately KRW 2,080,000,000 in total from the Plaintiff and the Defendant, on April 16, 2007, with the above loan obligation as collateral obligation, as collateral obligation, real estate listed in paragraph (1) of the attached Table No. 1 of the instant real estate and paragraph (4) of the attached Table No. 4, which is a hotel building (hereinafter referred to as “real estate provided as collateral”).

As to each one-half share of the Company, the mortgage was set up on the same day, and accordingly, the obligor as the Defendant with respect to the entire immovable property provided as security on the same day, and thereafter, the establishment registration of the mortgage with a maximum debt amount of KRW 1,300,000,000 in the new bank, and the new maximum debt amount of KRW 1,430,00,000 in the future.