(영문) 서울고등법원 2017.10.13 2016나2075334

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(영문) 서울고등법원 2017.10.13 2016나2075334

약정금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The Defendant and C operated a restaurant in the name of “E” in 101 and 102 among the buildings D (hereinafter “instant building”) in Sungnam-si, Sungnam-si.

B. When the public sale procedure of the instant building was conducted on or around June 2009, the Defendant, C, and F agreed to operate the restaurant by jointly purchasing heading 101, 102, 103, 104, 301, 302, and 304 of the instant building (hereinafter “each of the instant stores”) among the instant buildings, and the Defendant, F shall have 30% of each of the instant stores, and C shall have 40% of each of the shares, and the ownership transfer registration was made in preparation for any subsequent revocation lawsuit.

C. On June 24, 2009, the Defendant borrowed KRW 400 million from Han Bank Co., Ltd. (hereinafter “I Bank”), and KRW 500 million from Hyundai Switzerland Mutual Savings Bank (hereinafter “NE Savings Bank”) on June 25, 2009. Upon the request of Hyundai Switzerland Mutual Savings Bank (hereinafter “NE Savings Bank”), the Plaintiff offered each of the above loans to the Plaintiff and his wife, as collateral for each of the above loans, and on June 24, 2009, the Plaintiff completed the registration of establishment of a mortgage on June 25, 2009 with the maximum debt amount of KRW 650 million, and on June 25, 2009, registered the establishment of a mortgage on the apartment of this case as collateral for the Plaintiff and his wife’s joint ownership.

The defendant purchased each of the above loans, etc. and completed the registration of ownership transfer in the name of the defendant on June 25, 2009.

E. Meanwhile, a copy of the loan certificate (No. 3; hereinafter “the copy of the loan certificate of this case”) drawn up by the Defendant as a borrower and C as a joint guarantor is indicated as follows, and the seal impression which appears to be the Defendant is affixed to the name of the Defendant.

The amount of the loan certificate : the above amount shall be s 900,000,000,000.

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