채무부존재확인 및 청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff’s mother C borrowed KRW 130 million (i.e., KRW 30 million) from the Defendant on March 24, 2011 and KRW 130 million on April 11, 201 (i.e., KRW 30 million).
B. On May 16, 201, the Plaintiff entered into a mortgage agreement with the Defendant as to real estate indicated in the separate sheet No. 1, which is one’s own possession, in order to guarantee the Defendant’s obligation for the above loan. According to the said mortgage agreement, the Plaintiff completed the registration of creation of a neighboring mortgage with the Plaintiff, the Defendant, and the maximum debt amount of KRW 130 million as of May 16, 201, which was received on May 16, 201 from the Incheon District Court as the obligor, the obligee, and the Plaintiff’s creditor.
(hereinafter “instant collateral security”). C. The Defendant’s above collateral security (hereinafter “instant collateral security”).
From September 7, 2007 to September 9, 2011, the Defendant lent a total of KRW 1,864,530,000 to C, and H, who is his/her father and wife, provided joint and several surety for the above loan obligations on November 28, 201, and C repaid a total of KRW 1,868,41,708 to the Defendant from November 10, 207 to July 24, 2014.
The Defendant filed a lawsuit against C and H claiming a loan of KRW 210,432,105 and interest thereon with the Incheon District Court Branch Branch Decision 2014Gahap4940. The above court affirmed the Defendant’s loan claims against C and H as KRW 141,840,388, and subsequently accepted the offset claim against the Defendant’s unjust enrichment claim against C and H, the Defendant’s husband, and the Defendant’s husband, KRW 111,089,115. On November 13, 2015, the lower court partly accepted the Defendant’s claim.
In both cases, the Seoul High Court appealed as Seoul High Court 2015Na2071847, and the Defendant reduced the Defendant’s claim for the loans to KRW 96,738,508. The above court affirmed the Defendant’s claim for loans to C and H as KRW 93,036,196, and subsequently accepted the offset claim of KRW 111,089,115 against the Defendant and the Defendant’s claim for unjust enrichment against C and H. on July 20, 2017.