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(영문) 서울고등법원 2019.07.24 2019나2009222

양수금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either as a dispute between the parties, or as a whole as to the entries in Gap evidence Nos. 1 through 17, 28 (including each number if there are separate numbers; hereinafter the same shall apply), Gap evidence Nos. 59 through 62, Gap, or Eul evidence No. 58, 59, and Eul evidence No. 2.

E and F each loan arrangement 1) E Co., Ltd. (hereinafter referred to as “E”).

F Co., Ltd. (hereinafter “F”) around August 27, 2010

) Loan transaction agreements with a maximum amount of eight billion won, repayment period of one year, and 9.3% per annum (hereinafter referred to as “loan agreements at August 27, 2010”)

(2) On August 27, 2010, G concluded a contract with G, H, I, J, and the Defendant jointly and severally guaranteed the repayment obligation of the above loan under the name of G, and on August 27, 2010, G completed the registration of the establishment of a neighboring mortgage in the name of F, the maximum debt amount of which is KRW 10.4 billion with respect to the land of K forest, KRW 141,534 square meters with respect to L forest, KRW 59,402 square meters with respect to L forest, M forest, and KRW 274,247 square meters with respect to M forest, and KRW 274,247 square meters with respect to the land of this case (hereinafter referred to as “U forest”).

(3) The term of a prior loan transaction agreement was extended upon entering into a loan transaction agreement with the amount of KRW 6.9 billion in the balance of the loan on August 29, 2013, KRW 6.9 billion, interest rate of KRW 9% per annum, and KRW 22% per annum (hereinafter “instant loan agreement”). The term of a prior loan transaction agreement was extended by August 29, 2013 (hereinafter “instant loan agreement”). If the term is not separate from the “loan agreement of August 27, 2010,” the term “the instant loan agreement” is “the instant loan agreement.”

(2) On September 30, 201, G and the Defendant jointly and severally guaranteed the said joint and several sureties. (2) G and the Defendant concluded a sales contract with the purchase price of KRW 10 billion as to L, forest and K forest, 56,127 square meters among L, forest and K forest, 49,762 square meters among M, forest and forest, and 165,291 square meters (50,000 square meters) among M, among the instant U forest and forest, as well as KRW 10 billion.

(hereinafter “Sale Contract as of September 30, 201”). On November 14, 2011, 201, 56,127 square meters of K forest as O forest, and 49.