beta
Text
1. The Plaintiff. The Defendants’ respective KRW 20,000,000 for each of the Defendants, Defendant B’s KRW 20,000,000 for each of them, and each of them from May 24, 2014.
Reasons
1. Basic facts
A. The Plaintiff and D loaned KRW 275 million to E with the funds for constructing four buildings on the instant land on the scale of 3170 square meters prior to Jeju-si (hereinafter “instant land”). A mortgage is created on the instant land, while the Plaintiff was changed to two building owners among the newly constructed buildings. G, the Plaintiff’s agent and husband, filed an application for voluntary auction on the instant land.
B. The Plaintiff’s agent G borrowed KRW 31.7 million from H to obtain the award of the instant land from Defendant B.
On May 14, 2007, the Plaintiff’s agent G and Defendant B loaned KRW 31.7 million to Defendant B, and Defendant B repaid KRW 31.7 million until June 14, 2007, and if Defendant B is unable to perform the above obligation, the Plaintiff agreed to implement the registration procedure for transfer of ownership in the name of H against one of the Plaintiff’s building under the name of the owner of the building newly constructed on the instant land to H (hereinafter “instant agreement”). Defendant C guaranteed the Plaintiff and Defendant B’s obligations against H under the said agreement.
C. Accordingly, on May 14, 2007, H lent KRW 31.7 million to Defendant B as the bid bond for the instant land, and thereafter, on May 16, 2007, Defendant B agreed to pay the payment due date to H on June 14, 2007 (hereinafter “instant agreement”) and deliver a certificate of borrowing the above contents, including interest, to H. The Defendant C guaranteed Defendant B’s above 46.7 million won obligation to H, and signed and sealed the said certificate of borrowing as the guarantor.
H filed an application against the Plaintiff for a provisional measure prohibiting change in the name of the owner under this Court on the ground of the filing of the instant agreement. On December 5, 2007, the Plaintiff and H paid KRW 40 million to H until December 20, 2007, and H paid KRW 317 million to Defendant B.