양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C Co., Ltd. (hereinafter “C”, and “stock company” or “limited liability company” are omitted for other companies) loaned KRW 3,300,00,000 to D on August 3, 2012 at the maturity of payment on August 3, 2013 and at the rate of 21% per annum (hereinafter “instant loan”). Defendant and E, a joint representative director of D at the time, jointly and severally guaranteed the instant loan obligations up to KRW 1,980,00,000, respectively.
B. Meanwhile, D concluded a security trust agreement with H companies with respect to the first priority beneficiary (profit premium amounting to KRW 3,960,000,000) as to the first priority beneficiary of Geumcheon-gu Seoul Metropolitan Government F building G (hereinafter “instant real estate”) for the purpose of securing the obligation of the instant loan, and completed the trust registration in the name of H on August 3, 2012.
C. The instant loan claims, joint and several sureties claims, and preferential right to benefit was transferred to the Plaintiff on November 9, 2016 through the I company and J bank.
As of April 14, 2017, the balance of the principal and interest of this case as of April 14, 2017 is KRW 4,695,673,761 (= Principal KRW 1,645,673,761, including interest of KRW 3,050,000).
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-5, Eul evidence No. 1, the purport of the whole pleadings
2. With respect to the Plaintiff’s assertion and determination as the transferee of the instant loan claim, who is a joint and several surety, sought payment of KRW 1,980,00,000 and damages for delay within the scope of the balance of the principal of the loan, the Defendant’s assertion and defense of abuse of rights and defense of immunity are examined in order as follows.
A. As to the assertion of abuse of rights, the Defendant, in collusion with K, etc. in the course of liquidation of a partnership with the Defendant regarding D operation, ordered the Defendant to “if the Defendant transfers the Defendant’s share of the right to collateral on other real estate than the instant real estate to E, E, in return, will resolve the Defendant’s joint and several sureties regarding the instant loan, and thereafter, the Defendant’s right to collateral security from the Defendant.