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(영문) 대구지방법원 2016.10.20 2016나3506

대여금

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. From November 13, 2012 to April 30, 2013, the Defendant is a person who served as the representative director of the Plaintiff (former Mutual Company C) (former Mutual Company C).

B. On December 14, 2012, the Plaintiff completed the registration of ownership transfer on each real estate listed in the separate sheet owned by E (hereinafter “instant real estate”) due to sale and purchase on December 12, 2012.

C. From August 30, 2012 to January 9, 2013, the Defendant completed the registration of the establishment of a neighboring community credit cooperative and F on the instant real estate four occasions as follows: (a) the registration of the establishment of a neighboring community credit cooperative and F (hereinafter “the registration of the establishment of a neighboring community”) was completed on the instant real estate on the following four occasions; (b) the Defendant was granted loans from the Daegu Central community credit cooperative and F as its debtor.

1) The Daegu District Court’s receipt of August 30, 2012, No. 21420, the Daegu District Court’s registry No. 21420, the debtor, the debtor, the debtor, the debtor, the Daegu Saemaul Bank of Korea, the maximum debt amount of 1,586,00,000 won) and the registration office of the Daegu District Court (No. 32519, Dec. 28, 2012; the debtor, the defendant, the defendant, the Daegu Saemaul Bank of Korea, the maximum debt amount of 266,50,000 won; the Daegu District Court’s receipt of No. 492, Jan. 8, 2013; the debtor, the debtor, the mortgagee, the F, the maximum debt amount of 150,000,000 won) and the registration office of the Daegu District Court (No. 525, Jan. 9, 2013; the debtor, the debtor, the F, the maximum debt amount of 300,000,000 million won.

D. On April 30, 2013, the Defendant, while transferring the Plaintiff to G, concluded a contract with G to the effect that “the name of the Defendant, which is the debtor of the establishment registration of the instant neighboring district, should be changed, and the cost should be borne by G if incurred” (hereinafter “instant transfer contract”).

E. On April 30, 2013, G was appointed as the representative director of the Plaintiff according to the instant transfer contract, and on June 10, 2013, G cancelled all the registration of the establishment of the instant root, and thereafter, established a new collateral security with regard to the instant real estate as G with the primary debtor as the Plaintiff and G.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2-5 of evidence Nos. 2 and all pleadings.