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(영문) 서울중앙지방법원 2017.08.09 2016가합578182

청구이의

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a representative of C Co., Ltd. (hereinafter “C”), and D is the Defendant’s child.

B. 1) D Co., Ltd. (hereinafter “new bank”) on March 21, 2012

() Along with a loan of KRW 400,000,000, the Defendant granted a new bank the right to collateral on the said loan, setting the maximum debt amount of KRW 480,000 on the real estate owned by the Defendant, including the Gangnam-gu Seoul E 434.1㎡, and set the right to collateral (hereinafter “the first collateral mortgage”) at KRW 480,000.

(2) On April 21, 2012, the Defendant loaned KRW 400,00,000 to C for the operation of F branch as above, and entered into a loan agreement with C on a condition that the monthly repayment would be at least 5,00,000,000, and the monthly repayment would be completed within 2 years.

(3) On May 2, 2012, D obtained a loan of KRW 120,00,000 from the new bank, and KRW 430,00,000,00 from the new bank. The Defendant created a collateral to the new bank with the maximum debt amount of KRW 660,00,000 on the said Defendant’s real estate owned by the said Defendant as collateral for the said loan (hereinafter “instant collateral security”).

(4) On May 4, 2012, the Defendant loaned KRW 550,000,000 to C for the operation of G branch as above, and entered into a loan agreement with C on a condition that the monthly repayment would be at least 5,00,000,000, and less than two years’ reimbursement.

(hereinafter “instant second loan contract”). C.

(1) On June 22, 2012, the Plaintiff was detained on suspicion of fraud, etc. (2) As the Plaintiff was unable to pay a monthly repayment under the instant loan agreement, the Defendant filed a complaint with the Defendant by fraud. On April 5, 2013, the Plaintiff drafted a notarial deed of a promissory note, as stated in the purport of the claim.

(hereinafter referred to as “notarial deeds of promissory notes in this case”).