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(영문) 서울중앙지방법원 2016.07.22 2016나15081
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The plaintiff, subject to the judgment of this court, sought a reimbursement of interest claim based on the loan agreement from the original defendant, and sought a reimbursement for the conjunctive charge of office management. The court of first instance dismissed the plaintiff's primary claim and accepted the conjunctive claim.

Therefore, since only the defendant appealed against the defendant among the judgment of the court of first instance, the plaintiff's primary claim is excluded from the object of the judgment of this court, and only the plaintiff's primary claim is subject to the judgment of this court.

2. The plaintiff's conjunctive claim - The judgment on the claim for reimbursement due to the management of affairs

A. Basic facts 1) Honam Solomon Mutual Savings Bank Co., Ltd. (the trade name is changed to the Hanmo Savings Bank Co., Ltd.; hereinafter “Korea Ulsan Savings Bank”)

on June 29, 2009, B Co., Ltd. (hereinafter referred to as “B”).

(3) A loan of KRW 3,00,000 per annum, 9% per annum, 25% per annum, and period of credit extended on April 29, 2010 (which thereafter is extended to April 29, 201) (hereinafter referred to as “instant loan”).

(2) At the time of the instant loan, the Defendant jointly and severally guaranteed the above loan obligations to the above bank as the representative director B at the time of the instant loan. Meanwhile, in order to secure the instant loan obligations, the Defendant concluded a real estate trust agreement (hereinafter “instant trust agreement”) with the truster, the trustee, the trustee, the Korea Savings Bank with the first beneficiary, the debtor, and the trust period from June 29 to June 30, 2012, which is the real estate trust agreement (hereinafter “instant trust agreement”) with the truster, the trustee, the trustee, the Korea Savings Bank with the first beneficiary, the debtor, and the trust period from June 29 to June 30, 2012. The said trust agreement includes the following:

Article 1 (Purpose of Trust) This Trust shall include the management of ownership of real estate held in a trust and the case where there is a separate debtor for the truster.

(c) The same shall apply;

any obligation to be borne by the Corporation.

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