대출금
1. The plaintiff's claim of this case is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. A. Around 2001, the Defendant, as the present representative director of the Plaintiff Company, received proposals from D Co., Ltd. (D) that he had known from the previous and had been working for the Plaintiff Company, and the Plaintiff Company, and was registered as the representative director of the Plaintiff Company from 2001 to 20 June 20, 201 on the register, and actually, C will act as the representative director of D and the Plaintiff Company, and the Defendant served under instructions from C.
B. According to C’s order on April 4, 2012, the Defendant: (a) completed the registration of creation of a neighboring mortgage (hereinafter the instant mortgage) with respect to the obligor, Defendant, the maximum debt amount of KRW 130,000,000, which is the property of the Plaintiff Company; and (b) received a loan from the Sungnam Agricultural Cooperative, which is KRW 100,000,000, from the obligor, and deposited into D’s operating funds.
C. Since the Sung-nam Agricultural Cooperative failed to receive a loan interest from August 21, 2012, it filed an application for a public auction on December 5, 2012 on the instant site, which was based on the instant collateral security, with the Suwon District Court, on December 29, 2012, and the instant site was sold on December 29, 2014.
Grounds for recognition, evidence No. 1 through 5, evidence No. 1-2, evidence No. 5-1, and No. 5-2, witness G testimony, and purport of the whole pleadings.
2. The plaintiff's assertion and its determination on the land of this case, which is owned by the plaintiff company, when the defendant serves as the representative director of the plaintiff company, set up the mortgage of this case and used the loan of 100 million won, and the defendant delayed this, and the Sungnam Agricultural Cooperatives sold the land of this case on the basis of the mortgagee's mortgage of this case. Thus, the defendant is obligated to pay the plaintiff 130,000,000 won, the maximum debt amount of the mortgage of this case, and delay damages.
Doctrine, Doctrine 1
(a).
As set forth in the subsection.