대여금
1. Defendant A and B are jointly and severally liable to the Plaintiff.
(a) Of KRW 20,625,062 and of KRW 20,000,000 among them, < Amended by Act No. 15308, Feb. 2, 2018>
1. Claim against the defendant A and B
(a) Indication of claims: To be as shown in the reasons for the claims;
B. Judgment of confession (Article 208(3)2, and Article 150(3) of the Civil Procedure Act against Defendant A)
(c) Judgment by service (with respect to Defendant B, Article 208(3)3 of the Civil Procedure Act)
D. Therefore, Defendant A and B are jointly and severally liable to pay to the Plaintiff; KRW 20,625,062; KRW 20,000,000 per annum from February 6, 2018 to May 31, 2018; and KRW 15% per annum from the next day to the date of full payment; and Defendant B is liable to pay damages for delay at a rate of KRW 24% per annum from February 7, 2018 to the date of full payment; and Defendant B is liable to pay damages for delay at a rate of KRW 24% per annum from the next day to the date of full payment.
hereinafter “Plaintiff’s claim against Defendant B” is referred to as “instant claim.”
2. Claim against Defendant C
A. (1) Both the Plaintiff’s assertion (1) The sales contract of this case under the Plaintiff’s order constitutes a fraudulent act and thus should be revoked. On the other hand, the Plaintiff’s claim against Defendant C for compensation equivalent to the amount of the claim of this case.
(B) The Sub-Section D (C) completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) as stated in the purport of the claim in the name of Defendant C when concluding the instant sales contract with Defendant B, which constitutes a registration of invalidity of cause arising from a registered title trust agreement.
In order to preserve the instant claim against Defendant B, the Plaintiff exercised the right to claim the cancellation of the ownership transfer registration against Defendant B, by subrogation. Defendant C is obligated to implement the procedure for cancellation registration of ownership transfer registration of this case to Defendant B.
(2) As to the instant sales contract of Defendant C, the Defendant C is a bona fide beneficiary.