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(영문) 서울서부지방법원 2016.11.17 2014가합32342

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts under the basis of facts may be found, either in dispute between the parties or in accordance with Gap evidence Nos. 1, 3, 4, 6, 13 and Eul evidence Nos. 3 (including serial numbers; hereinafter the same shall apply), together with the overall purport of the pleadings, unless special reference is made.

1) The Plaintiff loaned KRW 600 million to Nonparty C on May 29, 2008 and June 3, 2008, each of KRW 300,000,000,000 to Nonparty C, one year after the date of repayment due and one point five percent per month from the date of repayment due (hereinafter “the instant loan”).

[2] In order to secure C’s debt of the loan of this case, the Defendant separately set up two collateral security rights with respect to the Defendant, the maximum debt amount, 390 million won, and 504, Gangnam-gu, Seoul, which was owned by the Defendant, to the Plaintiff on May 29, 2008 and June 3, 2008.

3) On February 26, 2009, C, in the name of the Defendant, that the Defendant borrowed KRW 600 million to the Plaintiff on February 26, 2009 (Evidence A No. 1; hereinafter “the instant loan certificate”).

(B) After drawing up, the Plaintiff completed the registration of establishment of a mortgage over the Defendant and the maximum debt amount of KRW 780,000,000,000,000,000,000 owned by the Defendant, and instead, the Plaintiff cancelled the registration of establishment of a mortgage over each of the above paragraphs (2) of the same day.

B. C on June 5, 2008, including the acquisition of real estate by C and the establishment of the Defendant’s provisional registration, etc.) C from Non-Party H and I on the name of Non-Party H and I, Hongcheon-gun J, K, L, M, N,O, P, Q, Q, R, T, U, V, W, X, and Y (hereinafter “instant real estate”).

(2) On September 29, 2008, the Defendant purchased the instant real estate, and completed the registration of ownership transfer under the name of Z, a title trustee C on August 1, 2008. (2) The Defendant completed the registration of ownership transfer claim under the name of the Defendant on September 29, 2008.

However, on November 28, 2008, Nonparty A borrowed KRW 180 million from the Won Won Agricultural Cooperative (hereinafter “Seoul National Agricultural Cooperative”) for the loans of KRW 180,000 from KRW 180,000,000 to Won Won Won National Agricultural Cooperative.