beta
(영문) 창원지방법원마산지원 2020.02.19 2018가합101246

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 235,685,00 and KRW 227,50,000 from September 1, 2018 to September 2019.

Reasons

On February 27, 2014, D Co., Ltd. (hereinafter referred to as “stock company”) borrowed KRW 250 million from E from February 27, 2014.

The representative director F provided a collateral security to E with three lots of land, such as 496 square meters of land for G factory in the Changwon-si, Changwon-si, Changwon-si, the individual owner, and H 496 square meters of land for gas station owned by the Plaintiff, and buildings on the above two lots of land.

(A7) Meanwhile, on April 4, 2014, F was established with the maximum debt amount of KRW 250,000,000 as the maximum debt amount of KRW D’s representative director F, with respect to J apartment K, Busan, which was the wife of the F.

Since then, F shall be on October 21, 2014.

On the other hand, on October 23, 2014, C purchased the L apartment M in Chang-gu, Changwon-si L apartment M in KRW 370 million.

(A) On October 20, 2014, Article 1 (Pecuniary Lending KRW 50,000,000 to the debtor, and the debtor borrowed it.

Article 2 (Methods of Performance) From October 2014 to March 30, 2015, 5,000 won shall be paid in six installments each month, with 10,000 won paid in six installments from April 30 to June 2017, respectively, and 27 installments each month from April 2015 to June 30, 2017, and 250,000 won shall be paid in installments from July 30, 2017. < Amended by Presidential Decree No. 28077, Jul. 30, 2017>

Article 3 (Interest) Interest on 300,000,000 Won per annum shall be determined as 7.2% per annum, and shall be paid on the 30th day of each month.

Article 9 (Transfer for Security) The obligor transferred the ownership of the article listed in the [Attachment List] to the obligee by means of possession and alteration for the purpose of securing the performance of the above obligation, and the obligee acquired it by transfer.

The creditor F. D. F. The representative director F. F. the debtor's agent C. and F. the F.D. obtained a notarial deed (A4) from D on October 20, 2014.

The contents of a notarial deed are as follows:

Defendant C withdrawn from D around December 2014, and on November 14, 2014, Defendant C established the Defendant Company.

However, D was in bankruptcy around that time.

On February 27, 2015, the Plaintiff offered the F personal real estate owned by the representative director as security.