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(영문) 광주지방법원 2017.04.25 2016가단513215

구상금

Text

1. Preliminary Defendant: KRW 90,000,000 and 5% per annum from September 14, 2016 to April 25, 2017 to the Plaintiff.

Reasons

1. Facts recognized;

A. On February 1, 2011, in which Defendant C (hereinafter “Defendant C”) was in office as a director of the primary Defendant Medical Corporation B (hereinafter “Defendant Foundation”), the primary Defendant C (hereinafter “Defendant C”) requested to borrow KRW 90 million from a financial institution for the business of the convalescent hospital of the Defendant Foundation to E, the representative of Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) to obtain a loan from the financial institution for the business of the convalescent hospital of the Defendant Foundation. On February 15, 2011, E transferred KRW 90 million to an account in the name of the Defendant Foundation designated by Defendant C (F).

(b) The said money (hereinafter “instant loan”)

On March 7, 2011, the Plaintiff concluded a mortgage agreement between the Nonparty Company and the Plaintiff, the creditor and the mortgagee, and the Plaintiff, the Plaintiff, on March 8, 201, regarding the total debt amount of KRW 500,000,000,000, Masung-gun Gesung-gun, the Plaintiff owned by the Plaintiff, and concluded a mortgage agreement between the creditor and the mortgagee, and completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral registration”) with the Nonparty Company on March 8, 201, when indicating only the said collateral (hereinafter “instant collateral registration”).

C. On May 9, 2011, Defendant C signed a letter of performance (Evidence A 1) with the content that he/she expressed his/her official seal as the chief director of the Defendant Foundation to pay the instant loan by May 16, 201, to E.

(Defendant C served as the representative of each Defendant’s foundation during the period from September 8, 2008 to April 2, 2009; from May 6, 2009 to July 21, 2009; from August 6, 2009 to November 29, 2010; and from April 19, 201 to May 13, 201.

E filed a loan lawsuit against the Defendant Foundation by Jeonju District Court 2011 group 26911 group, and the Defendant Foundation paid KRW 45 million to E with the non-party company as a conciliation intervenor in the lawsuit above. At the same time, the non-party company transferred to the Defendant Foundation the final claim KRW 45 million out of the secured debt of the above secured debt of the right to collateral security.