beta
(영문) 서울고등법원 2018.11.29 2017나2068661

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. A. Around August 2, 2012, the Defendant, upon introduction, borrowed KRW 1,00,000,000, totaling KRW 500,000,000 each of the Plaintiff’s husband C from F, a certified judicial scrivener with the Plaintiff’s husband, as the interest rate of KRW 1.6% per month. As a security, the Defendant created a collateral security right on KRW 3,339,000,000, and KRW 16,000, and KRW 36,339,000, and KRW 36,00,000, which are owned by the Defendant (hereinafter “Defendant’s real property”).

B. Around February 2015, the Defendant paid C/F interest on the above loan, via E, and around February 2015, the Defendant asked E to the effect that “A savings bank that borrowed real estate owned by the Defendant as collateral with the loan from the Industrial Bank of Korea whose interest rate is relatively low, to repay the above savings bank loans and D/H collateral obligations. To obtain a loan from the Industrial Bank of Korea, the Defendant first must cancel the right to collateral security under the name of D/H, which is the senior collateral security right, and thus, C/F may cooperate.”

C. E delivered the above request of the Defendant to C and F, and C had a position to cooperate with the Defendant, but F could not cancel the above right to collateral security before the loan was repaid.

After consultation, the Defendant, E, and C have drawn up and delivered to F H a letter stating that “If the Defendant fails to repay F’s secured debt (the principal of F out of the loans of KRW 1,000,000,000) on the part of F, the Defendant will make reimbursement on behalf of C” (the principal of F out of the loans of KRW 1,000,000,000) in cancelling the registration of the establishment of a neighboring mortgage in the name of H on the real estate owned by the Defendant.

And C continued to lend to the Defendant the remainder of KRW 500,000,000 on the same condition.

Accordingly, the registration of the establishment of a mortgage in the name of D or H on the real estate owned by the Defendant was cancelled on March 9, 2015 due to the termination on March 6, 2015.

E. The Plaintiff, the wife of March 9, 2015, is the wife of C.