beta
(영문) 대구지방법원 2016.08.24 2016나4486

배당이의

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 19, 2009, E borrowed the amount of KRW 15 million from F, and then borrowed the amount of KRW 271 million in total, from F. (2) E received KRW 135 million out of the borrowed amount, and delivered the borrowed amount of KRW 150 million to F. It received KRW 150 million (hereinafter “the first certificate of borrowing”). After receiving additional KRW 135 million from F, E re-written the borrowed amount of KRW 1550 million (hereinafter “the second certificate of borrowing”). At the time of receiving additional KRW 150 million, E received the first certificate of borrowing (hereinafter “the second certificate of borrowing”).

3) G and mother, who are his father and mother, entrusted E with the authority to establish a right to collateral security for the E’s debt to their own real estate, and E borrowed KRW 300 million to F, the Plaintiff borrowed KRW 300 million, and as a security therefor, the Plaintiff borrowed KRW 300 million to F, and as a security therefor, offered the real estate “the instant real estate” (hereinafter referred to as the “instant real estate”). G is the debtor E, the offerer, and the creditor, who are written in G, and the creditor, not written in writing, on November 17, 2009 (hereinafter referred to as the “third evidence of this case”).

2) On November 11, 2008, F was granted KRW 570,75,00 from the Defendant as an investment deposit, and F borrowed KRW 10,000,000 on August 28, 2009 on August 28, 2009.

2 F. Around March 2010, upon receipt of a request from the Defendant for the payment of the said investment amount, etc., to the Plaintiff, G, and E.