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(영문) 서울중앙지방법원 2016.04.20 2015나70876

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. C. Loan 1) A Co., Ltd. (hereinafter “A”)

(C) On June 13, 2008, the term of credit extended on June 13, 2009, and damages for delay set at 23% per annum, and C Co., Ltd. (hereinafter “C”).

3) A loan of KRW 8 billion to the Plaintiff (hereinafter “instant C loan”).

2) D jointly and severally guaranteed the instant loan, and C and D secured the instant loan to A on June 13, 2008, up to which the maximum debt amount was 12 billion won with respect to the land and three lots of land outside E and its ground buildings, etc. outside of the instant land in Leecheon-si as security for the instant loan.

(hereinafter “instant collateral security”). B.

(1) On September 30, 2010, the Defendant’s representative attorney-at-law, who was an advising attorney-at-law of the Defendant, entered into a contract on the acquisition of the instant C Loans and the instant collateral security in the name of the Defendant to purchase KRW 8 billion. A notified that the instant collateral security was transferred to C and D. However, A did not transfer the instant collateral security to the Defendant. (2) A loaned KRW 8 billion to the Defendant by setting the loans of general loans of the subject of credit, extension period of one year, interest rate of one year, 9% per annum, overdue interest rate of 23% per annum (hereinafter “instant Defendant loans”), and the Defendant paid the amount of the instant Defendant loans with the Defendant loans.

3) On the same day, the Defendant again offered the instant C lending claim as a security for transfer for the instant Defendant’s loan obligation, but did not separately notify C and D of the assignment of claims. (c) On October 5, 2010, the J demanded K to establish the L Co., Ltd. (hereinafter “L”) of KRW 1 million in capital.

2. On November 30, 2010, the Defendant and L agreed to transfer the instant C Loans and the instant collateral security to L with respect to L, and L agreed to take over the instant Defendant’s loan obligations in lieu of the transfer of claims.