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(영문) 서울남부지방법원 2019.08.14 2018가단205937

대여금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 31,318,989 and KRW 21,368,454 among them. < Amended by Act No. 1560, Aug. 21, 2018>

Reasons

1. Facts of recognition;

A. When Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) purchases four vehicles listed below, the Plaintiff entered into an erroneous debate with the intent to lend the purchase price to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”)., and set up a collateral security on each vehicle and carried out loans as listed below.

(hereinafter) Each of the instant loans, and when referring to individual loans, hereinafter referred to as “O loans of this case”). Meanwhile, Defendant E guaranteed the Plaintiff with each of the loans under the above debate agreement within the monetary amount indicated in the “limit of Joint and Several Guarantee” column in the Defendant Company’s Schedule.

Serial 1 F. 1F. 44,50,000,000 9.9% (25%) on April 29, 2015 60 months on April 29, 2015 31,150,50,000 53,400,000 G 2 G on April 29, 2015 9% (25%) 31,150,000 9% on April 44, 2015 (25%) 31,150,000 53,40,000, 003 H. 25,000,000 on June 5, 2015; 10,50,000,000,000,000,000, 10,50,300, 300, 305, 50, 605% on June 30, 2005

B. The Defendant Company lost the benefit of each of the instant loans on or around May 2017 due to the delinquency in the repayment of each of the instant loans, and the specific details of each of the instant loans, which reflects the amount partially appropriated as of August 20, 2018, are as listed below.

Serial 1 F 21,368,454 2,478,820,820,870,471,715 31,318,3892 G33,368,4542,920,920,9472,9472,058,2158,628,6328,6328,6328,63246, 2483 H 6,838,6992,034624,646,646,8213,520,520,2434 I2,570,90,2848536,632,297,37830,730

C. Meanwhile, around February 2017, Defendant Company disposed of FF vehicles to J Co., Ltd., and J Co., Ltd re-sale the said vehicles to K.

On December 14, 2017, the Plaintiff received KRW 12,000,000 from K and cancelled the registration of the establishment of a neighboring establishment on the said vehicle. The Plaintiff paid KRW 12,00,000 to the first loan claim.