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(영문) 부산고등법원(창원) 2016.01.28 2015나21922

배당이의

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Basic facts

A. The status of the Plaintiff as a party has been changed in the order from September 11, 2008 to June 11, 2008, the Plaintiff’s representative director, J (from September 18, 2009 to September 30, 201), K (from September 30, 201 to June 23, 201), L (from June 23, 201 to December 17, 201) and K (from February 17, 2012).

On the other hand, the J only lent only the name upon the request of the deceased, and M operated the plaintiff at the time when the J was registered as the representative director of the plaintiff.

The Defendant was the mortgagee of each land listed in the separate sheet (hereinafter “each land of this case”) in which the Plaintiff owned all or part of the shares, and the individual land is specified as a parcel number).

B. 1) On March 7, 2008, the Defendant: (a) lent KRW 150 million to N who was trying to develop each of the instant land and establish a factory; (b) on the same day, N agreed that the Defendant shall additionally use dividends of KRW 150 million in total for three months and pay KRW 250 million in total; (c) on the date of default, the written agreement stating that “one million shall be interest at the time of default; (d) the O guaranteed the obligation under the said written agreement; (b) the Defendant, at N’s request, lent KRW 50 million to P account of a Co., Ltd. on September 5, 2008; and (e) theO, on the same day, paid KRW 50 million to the Defendant with the loan repayment of KRW 150 million in total; and (e) the amount of the penalty to be paid by the Plaintiff on September 1, 2005 and raised up to KRW 500,000 as a joint and several surety.

On September 5, 2008, I, the representative director of the plaintiff, was granted a loan to the defendant on September 5, 2008 by taking the plaintiff's factory site of "Yol-gun D and six parcels as security.