대여금 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 2, Eul evidence 1 and 2, together with the whole purport of the pleadings:
On June 16, 2011, the Plaintiff transferred KRW 40 million to the Defendant B’s account upon the Defendant C’s request, which was known to the general public.
B. On the other hand, on June 17, 201, the day following the above remittance, the right to collateral security was established in the name of the Plaintiff as collateral against the apartment owned by Nonparty D with the above KRW 40 million. Before that, the above apartment was set up under the name of Nonparty D with the debtor, which caused the maximum debt amount of KRW 767 million, and the right to collateral security in the name of Nonparty D with the maximum debt amount of KRW 40 million, as well as the maximum debt amount of KRW 40 million, respectively.
C. After the commencement of the voluntary auction procedure regarding the above apartment, the plaintiff did not receive any distribution in the said voluntary auction procedure due to the low-price sale and the existence of a senior mortgagee.
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion argues that the Defendants offered as security the apartment owned by D, and borrowed or conspired to borrow KRW 40 million from the Plaintiff as collateral value for the apartment owned by D, thereby deceiving the Plaintiff as if they had value of collateral for the apartment owned by D, and thus, the Plaintiff asserts to the effect that the Defendants seek payment of KRW 40 million as loan or compensation for damages, and damages for delay.
B. The following circumstances, which can be seen by comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 3, and Eul evidence Nos. 1 and 2, i.e., the loan certificate (Evidence No. 1) and mortgage contract (Evidence No. 3) with the debtor as to the above KRW 40 million on June 17, 201 following the above remittance date, were prepared between the plaintiff and Eul. The above amount of KRW 40 million was used as a loan for repayment of debt, and the mortgage-mortgage No. 30 million in the name of the plaintiff was registered immediately before the creation of the right to collateral security under the name of the plaintiff, and at the time of the above remittance.