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(영문) 서울고등법원 2016.05.19 2015나13807

약정금

Text

1. The judgment of the court of first instance is modified as follows.

The Defendants are jointly and severally liable to the Plaintiff in the trial.

Reasons

1. Basic facts

A. 1) The Plaintiff’s mother D is an aggregate building, which is an aggregate building, on the land of Gangseo-gu Seoul Metropolitan Government E large 174.5 square meters, its own ownership (hereinafter “instant loan”).

(2) Around October 201, 201, the Plaintiff had been granted a loan of KRW 30 million from a new bank as collateral for the instant loan and KRW 70 million from a new bank for the purpose of preparing the construction cost, and the Plaintiff had been entrusted with the new construction from May 7, 201 to a new contractor on behalf of D. Since the Plaintiff discontinued the construction work, the Plaintiff continued to perform the construction work by having Defendant B deliver the construction cost to the Defendant Company or paying the construction cost to the Defendant Company’s account in real operation by Defendant B. (2) D obtained a loan of KRW 30 million from a new bank as collateral for the instant loan and a loan of KRW 70 million from a new bank for the purpose of securing the construction cost. After the registration of ownership preservation in the name of D was completed on December 7, 2011, and thereafter on December 12, 2011, the registration of the establishment of a mortgage amount of KRW 360 million with the entire loan and the entire site as joint collateral.

B. The Plaintiff leased or sold the instant loan on behalf of D as follows.

1) The Plaintiff entered into a lease agreement with G on December 201 with respect to the instant loan No. 301, and received a deposit of KRW 90 million not later than December 12, 201.2) The Plaintiff entered into a lease agreement with I on January 3, 2012, and received a deposit of KRW 90 million by January 28, 2012.

3) The Plaintiff entered into a lease agreement with J on December 28, 201 with respect to the instant loan No. 302, and received a deposit of KRW 48 million by January 16, 2012. 4) The Plaintiff, between K and K on January 27, 2012, with respect to the instant loan No. 201, KRW 135 million, and the Plaintiff’s secured loan obligations against the new bank in the name of D.