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(영문) 서울중앙지방법원 2017.11.28 2017나54557

손해배상(기)

Text

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.

Reasons

1. Basic facts

A. On March 20, 2013, the Defendant gave a loan of KRW 100 million to C, the Plaintiff’s spouse, and on March 22, 2013, the Plaintiff completed the registration of the creation of a collateral security (hereinafter “first collateral security”) with respect to the Plaintiff’s B Dae-gu Seoul District Court’s registration No. 12833, the maximum debt amount of KRW 130,000,000,000, and the debtor C’s collateral security (hereinafter “first collateral security”).

B. On March 27, 2013, the Defendant provided C with an additional loan of KRW 30 million with credit loans.

C. On April 29, 2014, the Plaintiff completed the registration of the establishment of the right to collateral security (hereinafter “second right to collateral security”) with respect to the instant real estate by the Defendant under Article 18971 of the above registry office, which was the maximum debt amount of KRW 65 million, and the obligor C.

1) On May 9, 2014, a contract party between the Plaintiff and the Defendant as a contracting party, the agreement on a self-reliance deposit with the effect that the Defendant intends to grant a loan to the Plaintiff by setting the lending limit amount to 30 million won, May 2014 of the date of loan commencement, 20% per annum, 20% per annum of delay compensation, and May 2016 at maturity (hereinafter “instant loan agreement”).

(2) On May 12, 2014, Article 20830 of the above registry office’s receipt of the said registry office, changed the maximum debt amount of the second right to collateral security from C to the Plaintiff on the grounds of “acquisition of the contract on May 9, 2014.” On the same day, the said registry office’s receipt of the said registration office (“20831, May 9, 2014”) to KRW 65 million to KRW 39 million, respectively.

[Reasons for Recognition] Evidence No. 3, Evidence No. 3, Evidence No. 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On April 2014, the Plaintiff’s assertion that the said loan claim against C, who filed an application for individual rehabilitation, is intended to recover the said loan claim, and the Plaintiff additionally set the right to collateral security of KRW 65 million with respect to the instant real estate and pays KRW 30 million with respect to C’s existing credit loan obligations.