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(영문) 서울고등법원 2017.06.08 2016나209520
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding Defendant D, which constitutes the following amount ordered to be paid.

Reasons

1. Basic facts

A. F deposited KRW 300 million into the account under Defendant D’s name, which operated a stock company B (hereinafter “B”) on November 16, 2004.

B signed on June 1, 2005, F prepared a letter of confirmation that “The above KRW 300 million is the actual amount of the Defendant Company’s loans.”

B. Around June 2005, Defendant D, along with B and C, issued to F a written confirmation that “the above KRW 300 million was deposited for the purpose of loan, and as security, would establish a collateral security interest and repay the principal and interest not later than June 30, 2005 to the G shopping district owned by the Defendant Company as collateral.”

(hereinafter referred to as the “instant confirmation”). C.

On July 12, 2004, 7.7 billion won with respect to the building on the ground (the third and sixth floor above the ground, which was a partitioned building on October 23, 2006; hereinafter “instant building”) owned by the Defendant Company, six persons, including the maximum debt amount, Defendant Company, and the mortgagee I, were established. However, on May 17, 2005, 175 percent of the above collateral security was transferred to the FF on the ground of the transfer of the confirmed claim on the 10th of May 17, 2005.

(hereinafter referred to as “the instant mortgage”) that has been transferred to F.D.

The Plaintiff repaid the total amount of KRW 300 million and its interest, which was KRW 433,350,000,000,000 from April 2, 2005 to April 2007.

On January 25, 2007, F transferred the instant right to collateral security to the Plaintiff, and notified the Defendant Company thereof at that time. On July 27, 2007, F transferred the instant right to collateral security to the Plaintiff on the ground of the transfer of confirmed claim on January 25, 2007.

E. Meanwhile, as Seoul Central District Court Decision 2006Gahap88253, which acquired the instant building, filed a lawsuit against the Plaintiff et al. seeking cancellation of each of the relevant collateral security holders (hereinafter “related lawsuit”), and the judgment dismissing the Plaintiff’s claim against the Plaintiff on May 16, 2008.

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