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(영문) 부산지방법원 2016.08.18 2015가단77522

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land and building B in Busan Dong-gu, Busan (hereinafter “each of the instant real estate”). On December 10, 2012, the Plaintiff borrowed 50 million won from the Busan bank after completing the registration of creation of a new mortgage with the debtor, the maximum debt amount of which is KRW 60 million, and the mortgagee, the Busan Bank Co., Ltd. (hereinafter “B”), and borrowed 50 million won from the Busan bank, and hereinafter “the instant loan”).

(B) On June 22, 2015, the Plaintiff used each of its KRW 21.5 million, and the Defendant used the remainder of KRW 28.5 million. On June 22, 2015, the Plaintiff repaid all of the principal and interest of the instant loan to the Busan Bank. [Grounds for Recognition] The Plaintiff did not dispute, and evidence Nos. 2 and 3 (Additional Number) (including the branch number) are included.

hereinafter the same shall apply.

each entry, the purport of the whole pleading

2. The parties' assertion

A. The plaintiff's assertion that the defendant would have the plaintiff repay the interest and principal of KRW 28.5 million that he used on the part of the plaintiff to obtain a loan of each of the real estate of this case as security, and did not pay it in lieu of the plaintiff. Thus, the defendant is liable to pay the plaintiff the interest and principal of KRW 28.5 million used by the defendant among the loans of this case.

B. On March 26, 2012, the Defendant’s assertion and the Plaintiff’s rebuttal (1) as to each of the instant real estate owned by the Plaintiff, C, etc., with D (hereinafter referred to as “C, etc.”), and C, with the loan interest of KRW 60 million from the Plaintiff on March 26, 2012, the Plaintiff prepared a loan certificate of KRW 80 million, including the interest of KRW 2% per month until March 26, 2013 (hereinafter “the instant loan certificate”). The Plaintiff lent only KRW 30 million at the time to C, etc., and on December 10, 2012, the Plaintiff created the said collateral security right with respect to each of the instant real estate owned by the Plaintiff, lent money of KRW 28.5 million to C, etc. by allowing the Defendant to use the remaining money. C, with respect to KRW 28.5 million and KRW 28.5 million, respectively.