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1. The Defendants jointly share KRW 245,000,000 to the Plaintiff and Defendant C with respect thereto from June 27, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a credit union that deposits and loans.
(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is an executor who constructed “Ttel in Busan Shipping Daegu Etel,” and Defendant C was the representative director of Defendant B from December 9, 201 to March 31, 2013.
(3) Defendant D’s above Etel No. 904 et al. from Defendant B’s 904 et al.
(2) Defendant B (1) completed the registration of trust in the name of the trustee K non-Real Estate Trust Co., Ltd. (2) around December 201, 201 with respect to the above Etel including the instant 904, as the Busan District Court’s Branch Branch No. 53310 on May 27, 2011. (2) Defendant D, upon Defendant C’s recommendation around December 2012, shall be subject to discount of KRW 904 on KRW 245,00,000 (the sale price in the contract of sale is KRW 402,39,070).
(3) On December 8, 2012, Defendant C and D prepared a contract for loan transaction with Defendant D as KRW 402,39,070 with respect to the instant 904, which was the sale price of KRW 402,39,070. On December 5, 2012, Defendant C and D asked the Plaintiff whether it is possible to lend the instant 904 as collateral, and upon receiving the loan, they would make the Plaintiff as the first collective security holder after cancelling the registration of the said trust and completing the registration of transfer of ownership under Defendant D’s name. (4) On January 8, 2013, the Plaintiff prepared a loan transaction agreement with Defendant D as collateral to create the collective security right under the Plaintiff’s name with respect to the instant 904, which was the amount of loans KRW 245,00,000, KRW 3 years of loan, interest rate of KRW 5,80 per annum, and the instant loan transaction with Defendant D’s “the instant loan obligation”).
On the same day, the amount of KRW 245,000,000 was remitted to the Acredit Union account under Defendant D’s name.
Among them, KRW 232,838,310 and KRW 78,587,630 are transferred to the A-Credit Union account in the name of Defendant B.