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(영문) 서울북부지방법원 2018.03.13 2017가단136624

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as indicated in Gap evidence Nos. 1 and 2, the defendant was granted a loan of KRW 136,00,000 from the SBI Savings Bank, and the plaintiff subrogated of KRW 137,205,922 on May 4, 2017, and C was granted a loan of KRW 68,00,000 from the SBI Savings Bank and the plaintiff subrogated for KRW 68,587,154 on May 4, 2017.

2. The plaintiff asserts that he paid by himself a loan under the name of the defendant and a loan under the name of C in the name of the defendant, and did not receive 35 million won out of the amount of indemnity from the defendant and C. The defendant asserts that since the plaintiff received a loan under the name of the defendant and C and repaid the loan to the existing Korean Telecommunication, the plaintiff used the loan to the plaintiff and C, the obligation of repayment is against the plaintiff and C.

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, 5, and 6 of the Plaintiff’s title, the Plaintiff offered 317 apartment units 317 and 103 above ground lots of land owned by the Plaintiff as collateral and was to obtain a loan under the name of the Defendant and C corporation. SBI Savings Bank extended 135,925,000 won after deducting 75,000 won out of 136,000 won under the name of the Defendant on October 1, 2014, 135,925,000 won out of 68,000 won of loans under the name of C corporation and deducting 35,000 won out of 67,965,000 won, 135,925,000 won under the name of the Defendant, 67,965,000 won and 367,965,000 won, 15,1407,167.