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(영문) 수원지방법원 2016.10.25 2015가합4835

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On December 14, 2010, the Defendant created a right to collateral security of KRW 300 million with respect to the Plaintiff’s land (hereinafter “instant land”) with the Plaintiff’s wife E 30379 square meters of forest and forest and 3306 square meters of forest land under the Plaintiff’s joint name (hereinafter “instant land”). On the other hand, the Defendant borrowed KRW 200 million via G as collateral and cancelled the first priority collateral security, which was set up by D as the obligor, and then reduced the remainder to KRW 30 million, and the remainder to KRW 100 million, including KRW 100,000,000,000,000,000,000 won, would be repaid to the Plaintiff by April 25, 2011.

However, the defendant did not have funds to normally carry out construction related to apartment construction. While purchasing the land in a development site and promoting the development of an apartment, the land purchase fund itself was insufficient and changed its contents as a local apartment construction project, but the procedure for recruiting members was not carried out at all. As employee's wages are not paid, there was no intention to cancel the right to collateral security by paying the above funds to the plaintiff with profits, etc.

Around December 14, 2010, the Defendant: (a) borrowed KRW 200 million from the Plaintiff to the obligee H; (b) made the Plaintiff enter into a mortgage agreement with a view to making payment of interest rate of KRW 2.5% per month; and (c) made the instant land to enter into a mortgage agreement with the obligor B, obligee H, and maximum debt amount of KRW 300 million; and (d) paid KRW 100 million, out of the money received under the said agreement, to D, a joint title holder of the instant land, and acquired the remainder by himself.

After that, the Defendant failed to pay interest on the borrowed money to H, and H.