대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Fact that there is no dispute over the cause of the claim, Gap evidence No. 1, and the purport of the entire pleadings, the plaintiff lent 250,000,000 won to C on April 2, 2006 at an interest rate of 20% per annum, maturity of payment on April 20, 2007, and the fact that the defendant entered into a joint and several guarantee agreement with respect to the loan contract of this case (hereinafter "the loan contract of this case"), and barring any special circumstance, the defendant is liable to pay to the plaintiff the joint and several guarantee amount of KRW 250,00,000 and delay damages.
2. Judgment on the defendant's defense
A. On October 1, 2016, the Defendant’s assertion C concluded a contract with the Plaintiff to transfer ownership of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) instead of the Plaintiff’s obligation owed by C on October 1, 2016, and the principal obligation became extinct by performing the relevant obligation. As such, the Defendant’s joint and several surety obligation also ceased to exist in accordance with the principle of the subsidiary nature of the
B. On October 2016, the Plaintiff and C agreed to transfer each of the instant real estate to the Plaintiff instead of the Plaintiff’s debt owed by C around October 2016.
B. C delivered documents necessary for the registration of transfer of ownership of each of the instant real estate to the D Judicial Scriveners Office designated by the Plaintiff, and on October 11, 2016, C received a debt repayment confirmation from the Plaintiff through E of the D Judicial Scriveners Office’s staff.
1. The debtor shall transfer the ownership of each of the instant real estate to the creditor in lieu of the amount of debt owed to the plaintiff.
2. The Plaintiff’s ownership of each of the instant real estate is transferred at the same time:
A. To cancel all the right to collateral security and superficies registered on the above real estate
B. The lawsuit filed against the debtor C shall be immediately withdrawn.
3. The plaintiff has any obligation against the debtor with the above repayment.