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(영문) 대구지방법원 2015.06.11 2014가합6057
대여금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the successors of the deceased F. The Plaintiffs.

B. Around November 2002, F asked whether the Defendant, who was working as the standing auditor of the G Bank, could use the short-term bonds. In order to consult with the Defendant, Nonparty H, who was working on the job, borrowed KRW 300 million at one’s own Maspbook with the repayment fund, proposed to repay the above KRW 300 million on the following day after the extension of the lending period of the Mspbook and additionally lend KRW 300 million.

C. On November 28, 2002, F remitted KRW 300 million to the account held in the Defendant’s name (hereinafter “instant loan”). The Defendant found the above KRW 300 million to the cashier’s check and went to Korea bank to extend H’s loan together with H, and H had the cashier’s check received from the Defendant returned to the Defendant in cash after having the Defendant go to another person.

On December 3, 2002, the defendant paid KRW 50 million to F, and on December 26, 2002, F provisionally seized the claim claim claim amounting to KRW 1.5 million as the Daegu Suwon-gu International Apartment No. 256 Dong 40346 (hereinafter “Defendant-owned apartment”) owned by the defendant, under the Daegu District Court Decision 2002Kadan53346, Dec. 26, 2002.

E. On February 27, 2003, Nonparty J, the husband of H, made a registration of the establishment of a collateral security (hereinafter “instant collateral security”) against the Defendant on the ground of a mortgage agreement on December 9, 2002 with respect to the land owned by 775 square meters (hereinafter “J-owned land”).

F. At the time, the sale procedure was in progress with respect to the instant land; J sold the instant land at KRW 4.6 billion; around March 2003, J paid F the amount of the secured debt of the instant right to collateral security to F; and completed the registration procedure for cancellation of the said right to collateral security on March 4, 2003.

(g)F thereafter to Defendant or H.

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