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(영문) 서울중앙지방법원 2015.04.15 2014가단58243
대위변제금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On December 18, 2006, when the Defendants borrowed KRW 40,000,000 from D, the Plaintiff created a right to collateral security of KRW 60,000 with respect to subparagraph 1 of the first floor of multi-household housing E in Seoul Special Metropolitan City, Gwanak-gu, Seoul, which was owned by D upon the request of the Defendants.

Since then, as the Defendants did not repay the above borrowed money, D would exercise the security right to the housing owned by the Plaintiff. Accordingly, on December 28, 2007, the Plaintiff repaid D 42,000,000 won to D by subrogation of the Defendants.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff the above amount of subrogation and damages for delay from the day after the date of subrogation.

In addition, in relation to Defendant C, even if the above lending party is Defendant B, Defendant C maintains a substantive marital relationship with Defendant B until now, and Defendant B’s above borrowing act is included in the scope of ordinary family life, and thus, Defendant C is jointly and severally liable with Defendant B to respond to the Plaintiff’s claim for compensation for subrogation.

B. Defendant B borrowed the sum of KRW 29,50,000 from the Plaintiff and repaid the sum of KRW 15,000 to the Plaintiff, and it did not borrow money as alleged by the Plaintiff or receive any security from the Plaintiff for this purpose. Furthermore, Defendant C does not have any relationship with the loan claimed by the Plaintiff by divorce with Defendant B on January 6, 200.

2. According to the overall purport of Gap evidence Nos. 3, 4, 9, 11 and Eul evidence Nos. 4 and 9 as well as the overall purport of the pleadings, the defendant bank account Nos. 14,50,000 won and the total sum of KRW 15,500,000 and KRW 29,500,000 in the name of the plaintiff on September 2, 2005 and December 2, 2006, respectively, deposited to the defendant bank account Nos. 3, 4, 9, 11, and Eul. After the fact that part of the money which appears to be interest, etc. from the bank account under the name of the defendants to the bank account of the plaintiff and the defendant No. 40,000 won, and KRW 60,000,000 in the name of the plaintiff and defendant

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