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(영문) 서울중앙지방법원 2020.10.23 2020가단5064459
약정금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Following the lapse of the case, facts can be found as follows: Gap evidence Nos. 1, 4, 7, 8, 9, 10, 12, 15, 20, and Eul evidence Nos. 2, 5, 6, 7, 8, 10, 11, 12, 13, 14, 17, 18, 19, 21, and 22.

On April 3, 2007, Nonparty D acquired Ecom and Noticecom (the wife of Nonparty D)’s Ecom and Non-Party D (the wife of Non-Party F) on each land and on each ground (the Ecomel and Noticecom, hereinafter “J-dong Real Estate”).

B. (i) On January 6, 2010, the Plaintiff, along with Nonparty F, assumed office as a joint representative director of L Co., Ltd. (hereinafter “L”) on the following grounds: (a) the mutual change from M Co., Ltd. on October 27, 2009; (b) the mutual change from M Co., Ltd. to N on October 18, 2010; and (c) the mutual change from L Co., Ltd.

(Provided, Oct. 18, 2010). Shelled F written confirmation that the Plaintiff would borrow KRW 400 million from the K Hotel acquisition fund at Jeju on January 6, 2010.

Article 22(1) of the Civil Act provides that the Plaintiff shall set up a right to collateral security with respect to P Apartment Q apartment (hereinafter referred to as “P apartment”) on January 7, 2010, and shall borrow KRW 400 million from R Co., Ltd. until January 9, 2010, and remitted 397,140,000 to L by January 9, 2010.

Applicant L acquired the ownership of K Hotel on January 12, 2010.

C. (i) L set up a collateral security on K hotel (land and building) and borrowed KRW 1 billion from S on February 1, 2010.

At the Dor, the Plaintiff guaranteed the above loan obligations against S.

On September 16, 2010, the provisional attachment S on the Plaintiff’s real estate on September 16, 2010, the claim for the loan credit was made on February 1, 2010, and on September 16, 2010, T apartment U (T apartment) owned by the Plaintiff, P apartment, Jdong real estate owned by D, RJ-dong real estate owned by the Plaintiff, Sinsi-si V, W land was provisionally seized.

(Tgu District Court 2010Kadan9001). 5

(i) Defendant C purchased JJ real estate from D on February 21, 2011

(G), H land and buildings KRW 1.7 billion, and KRW 4.2 billion, in the case of land and buildings, KRW 1.2 billion) The Defendant Husband and wife, as security, leased KRW 1.5 billion from X to Jdong real estate;

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