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(영문) 서울서부지방법원 2016.01.14 2015가단20547

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is examined in each entry in Gap evidence Nos. 1 to 5, and Eul evidence No. 7 (including paper numbers).

C is the husband of the plaintiff, and D is the startings of the defendant.

C and D were the relationship between the debtor and the former and the latter while engaging in credit business, and C and E are not the latter, and E and F are the workplace rent.

B. C around September 2010, through D, introduced the Defendant to lend KRW 350,000,000 to F to the Defendant.

However, the Defendant: (a) ordered the F to lend the said money for the reason that the senior collateral security was established on the said F’s real estate, and (b) demanded C to become a guarantor for the F’s obligation.

C. Around September 27, 2010, the Defendant lent F KRW 350,000,000 to F. As a security, the Defendant set up the right to collateral security against G land and building on land, which is the maximum debt amount of KRW 525,00,000,00.

C In order to secure fee of KRW 20,000,000, C created the right to collateral in the name of the creditor in the name of the creditor, which is the maximum debt amount of the defendant with respect to the said real estate.

On the other hand, E, together with F on the same day, issued to the Defendant a promissory note with a face value of 350,000,000, and on September 28, 2010, written the said promissory note Notarial Deed and jointly and severally guaranteed F’s obligations to the Defendant.

(Notarial Deed is drawn up as a representative of F and E).

When F delays the repayment of the above loan, the defendant applied for a compulsory auction on February 18, 2013 for a compulsory auction of real estate to the Goyang-gu District Court Goyang-gu District Court Goyang-gu H's Goyang-gu.

E. Upon obtaining E’s license, C, through D, requested the Defendant to withdraw and request compulsory execution on the real estate owned by E as the guarantor, and remitted KRW 25,00,000 to the Defendant on June 26, 2013, and the Defendant voluntarily withdrawn the above compulsory auction.