beta
(영문) 전주지방법원 2020.07.09 2018나12936

대여금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On March 30, 2015, the loan certificate was drawn up between the Plaintiff and the Incorporated Agricultural Company B (hereinafter “B”) with the content that the loan amounting to KRW 160,000,000 (hereinafter “instant loan”) was set at May 30, 2015, at the rate of 2.9% per annum, and at the rate of 34.9% per annum (hereinafter “the instant loan certificate”).

In the joint and several sureties of the above loan certificate, the names of the defendant and C are stated, and the seals of the defendant and C are affixed on each side of the name.

B. On March 30, 2015, the Plaintiff remitted the total of KRW 84,250,000, KRW 70,000, and KRW 154,250,000 to B’s account on two occasions.

C. On March 30, 2015, the Plaintiff: (a) registered the establishment of a neighboring mortgage of KRW 150 million on each real estate indicated in [Attachment List Nos. 1 through 4] owned by B; and (b) registered the establishment of a neighboring mortgage of KRW 90 million on each real estate indicated in [Attachment List Nos. 5 through 7].

On July 9, 2015, the Plaintiff filed an application for voluntary auction to the Gunsan BranchF of the Jeonju District Court for each real estate listed in the separate sheet Nos. 1 through 7, but withdrawn the said application for auction on July 28, 2015.

E. On January 12, 2016, the Plaintiff filed an application for voluntary auction with the Jeonju District Court Gunsan Branch G for each real estate listed in the separate sheet Nos. 1 and 2, and on November 7, 2018, the HH association, which was the first priority collective security for each of the said real estate, received the total amount excluding the pertinent tax out of the proceeds from the sale of each of the said real estate and completed the auction procedure.

F. On January 12, 2016, the Plaintiff applied for a voluntary auction to the Gunsan Branch of the Jeonju District Court on each of the real estate listed in the separate sheet Nos. 5 through 7, but withdrawn the above application for auction on January 28, 2016, and on November 1, 2016, the registration of the establishment of the neighboring real estate by the person having the senior provisional registration on each of the above real estate was revoked on November 1, 2016 upon applying for the principal registration.

[Ground of recognition] The fact that there is no dispute, Gap 2, 3, and 9 (including virtual numbers, hereinafter the same shall apply) respectively.