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(영문) 제주지방법원 2017.09.28 2016가합12218
구상금 등
Text

1. Defendant B’s KRW 120,397,622 as well as 5% per annum from September 9, 2016 to November 25, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B were legally married on September 14, 2010 and divorced on November 17, 2015.

B. Defendant B borrowed KRW 50 million on June 19, 2014, and KRW 70 million on August 19, 2014, respectively, from the Nonghyup Bank Co., Ltd. (hereinafter “ Nonghyup Bank”). The Plaintiff offered as collateral the Plaintiff’s possession of Seopopoposi D Operation 402 (hereinafter “instant loan”), and created a collateral security interest of KRW 60 million on June 19, 2014, and KRW 84 million on August 19, 2014, respectively.

C. On July 12, 2016, Defendant B entered into a contract to sell a building listed in the separate sheet (hereinafter “instant apartment”) owned by it to Defendant C for KRW 400 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer on August 2, 2016.

On September 9, 2016, the Plaintiff subrogated the total of KRW 120,397,622 of the principal and interest of Defendant B’s loans.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3, 5, 6 (including each number for provisional evidence; hereinafter the same shall apply), Eul evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings

2. Claim against the defendant B

A. The plaintiff 1) was offered as security the apartment house of this case owned by the plaintiff as the husband at the time when he received a loan for the purpose of his business. Since the plaintiff acquired the right to reimbursement by subrogation as a result of delay in the repayment of the principal and interest of the loan after the divorce by the defendant B, the defendant is obligated to pay the plaintiff the above amount of subrogation and the legal interest and interest thereon. 2) The plaintiff was insufficient for the business fund for the establishment of the plaintiff Eul, who is his father's father and the former husband's father's husband's father, to assist this, the plaintiff received a total of KRW 120 million loan of this case as security and donated it to E in order to assist the plaintiff. However, only the name of the loan is the defendant.

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