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(영문) 부산지방법원 2018.05.10 2017나48277

대여금

Text

1. The part against Defendant B among the judgment of the first instance is revoked, and the Plaintiff’s claim as to the above revocation is dismissed.

Reasons

1. Facts of recognition;

A. On December 16, 2013, the Plaintiff: (a) lent to Defendant D Co., Ltd. (hereinafter “D”) and C a loan that was set at KRW 100 million under Defendant B’s joint and several guarantee after the due date for payment of KRW 2% of the interest rate; and (b) the Plaintiff completed the registration of establishment of a mortgage on the land of KRW 132.2m2m2 and the above ground buildings and Hantan 59.5m2, which are owned by Defendant D on the same date, with respect to the same amount as KRW 120 million for each maximum debt amount; and (c) the debtor as Defendant D.

B. On December 16, 2013, the Plaintiff leased KRW 50 million to Defendant B and C with interest rate of KRW 2% on the joint and several guarantee of the above Defendant D and two months after the due date (hereinafter “the instant loan”). To secure this, the Plaintiff completed the registration of creation of a neighboring mortgage with respect to the I Apartment-gun I apartment 102, 102, 406, and 503 owned by Defendant B, each of the maximum debt amount of KRW 60 million on the same day.

C. The above A.

paragraphs 1 and 2.

On May 19, 2014, the registration of creation of a neighboring mortgage mentioned in paragraph (1) (hereinafter "registration of creation of a neighboring mortgage of this case") was cancelled.

[Ground of Recognition] Facts without dispute, Gap evidence 2 and 3 (including each number, if any)

2. The parties' assertion

A. The Defendants are the primary debtor or joint and several surety for the instant loans 1 and 2, and are jointly and severally liable to pay to the Plaintiff the total amount of each of the instant loans 150 million won and damages for delay.

B. Defendants 1) The Defendants are primarily responsible for each of the loans of this case, E Co., Ltd. (hereinafter “E”) operated by the Defendants under the pretext of payment in kind.

(2) As the Plaintiff transferred 49% of shares and the representative director’s position to the Plaintiff, the Plaintiff’s claim against the Defendants is without merit. (2) As Defendant B was exempted from all of the instant loans from the Plaintiff, the Plaintiff’s claim against the said Defendant is without merit.

3. Determination;