손해배상(기)
1. Revocation of the first instance judgment.
2. The plaintiff's main claim is dismissed.
3. The plaintiff is the preliminary one at the trial.
Basic Facts
The pertinent Plaintiff is operating a mutual business entity called “H” in Jung-gu Seoul Metropolitan Government G.
D In operating the I Co., Ltd., D carried out real estate development projects, such as new construction and sale of the J buildings, etc. in Seongbuk-gu, Sungnam-si.
The Plaintiff invested or lent to D (or I Co., Ltd.) an amount equivalent to KRW 5 billion.
On the other hand, the plaintiff asserts that D lent 5 billion won to D, D has invested the above money.
On November 2014, the Plaintiff requested D to “as to know whether to borrow money,” and D was able to lend money to the Defendant who borrowed money.
Accordingly, the defendant decided that he will receive a loan from Dong-in C.
On December 3, 2014, the Plaintiff prepared the Plaintiff’s loan certificate and receipt certificate and the Plaintiff issued it to C on December 3, 2014, stating that “The Plaintiff borrowed KRW 2 billion from C at an interest rate of 12% per annum and the due date of repayment on December 2, 2015.”
At the time D and the defendant signed the loan certificate as joint and several sureties.
On December 3, 2014, the Plaintiff issued to C a certificate of beneficial interest with respect to the development project of K and L located in Jung-gu Seoul Special Metropolitan City, Jung-gu as the first beneficiary with respect to each real estate for which the Plaintiff was in force as a security for the said loan.
On the other hand, C transferred KRW 2 billion to the Defendant’s account on December 2, 2014.
On December 4, 2014, the Plaintiff prepared a receipt stating that “A regularly received KRW 2 billion from C” and issued it to C via D.
On December 12, 2014, the Plaintiff drafted a loan certificate and the receipt receipt as of December 12, 2014, stating that “The Plaintiff will borrow 500 million won from C at an annual interest rate of 12% per annum and the due date of repayment as of December 2, 2015,” and issued it to C.
At the time D and the defendant signed the loan certificate as joint and several sureties.
C transferred KRW 500 million to the Defendant’s account on December 11, 2014.
The plaintiff is the same.