손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Nonparty C is the owner of the land register relating to 1487 square meters prior to Gwangju Dong-gu D (hereinafter “instant real estate”).
The plaintiff is the husband of the non-party C who actually owns the above real estate.
B. On June 5, 2015, with the Plaintiff’s consent, the Defendant was granted a loan of 270 million won (hereinafter “the instant loan”) from F Co., Ltd. on the security of the instant real estate in the name of a limited-liability company E (hereinafter “E”) in which he/she actually owns.
The defendant paid KRW 13,00,000 to G Association, which is the first mortgagee of the above real estate, and the remainder of KRW 140,000 to E was left in the account.
C. The Plaintiff, who did not repay the instant loan, repaid KRW 277,019,532 in the name of the wife C on July 7, 2017.
[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 6, the purport of the whole pleadings
2. Assertion and determination
A. The parties’ assertion 1) On May 1, 2015, the Plaintiff Company I (hereinafter, hereinafter, the Plaintiff Company I) with respect to the Plaintiff’s land of the non-H and the non-H of the 10-party land in Chungcheongnam-si, Chungcheongnam-gu, Gyeong
) The 5 million won (including business promotion expenses, transportation expenses, food expenses, and the office rent and salary of the Plaintiff in the Seo-gu, Seo-gu, Gwangju, and 10% out of the profits will be paid to the Plaintiff when the apartment construction project is completed successfully.
The Defendant, upon receiving the instant apartment from the Plaintiff as collateral, proposed that he would repay the instant apartment after one year from the Plaintiff after borrowing KRW 140 million from the Plaintiff. On the ground that the Plaintiff would be excluded from the Plaintiff’s refusal, the Plaintiff offered the instant apartment business as collateral.
Although the Defendant assumed interest on the instant loan from June 5, 2015 to June 5, 2016, the Defendant did not repay the loan on June 5, 2016, unlike the promise.