대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On the premise of fact, A’s loan and repayment of A were extended on February 25, 2010 by the Industrial Bank of Korea on August 24, 2010 after the due date for repayment of KRW 500 million.
(A) On August 24, 2010, KRW 50 million was repaid out of the loans. D, on May 25, 2010, completed the registration of creation of a mortgage over KRW 600,000,000 for the obligor and maximum debt amount of KRW 50,000,000 in the name of the Industrial Bank of Korea with respect to the amount of money owned by the Defendant, the representative director of A, and the amount of money owned by D.
D) On December 31, 2010, the loan of KRW 450 million from the Defendant was completed in the name of the Industrial Bank of Korea as to the above land by the debtor D and the maximum debt amount of KRW 540,000,000 under the name of the Bank.
On the same day, the registration of the establishment of a mortgage on the debtor A was cancelled, and the principal and interest of the loan debt of A was fully repaid in 450,508,315.
On February 25, 2010, when the defendant in the A's account book was in office as the representative director, the amount of KRW 500,000 is paid by the representative director as the amount of the provisional payment on February 25, 2010, and on December 31, 2010, the amount of KRW 450,000 has been settled by the representative director.
The Plaintiff filed a lawsuit seeking reimbursement of KRW 450 million against the Industrial Bank of Korea on the ground that the representative director, who lent the amount of KRW 450 million from D to A and paid the amount of loans to A instead of paying the amount of loans, constitutes subject to the exercise of the right to set aside under the Debtor Rehabilitation and Bankruptcy Act.
However, the judgment of the court of first instance and the appellate court rejecting the plaintiff's claim on the grounds that the defendant could not recognize that he/she had repaid the loan on behalf of A in lieu of the payment of the provisional payment of the loan borrowed from D, and rather, it appears that D, who was in the position of surety, has been subrogated for the loan of KRW 450 million by borrowing the loan of KRW 450 million from D.