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1. Of the judgment of the court of first instance, the Plaintiff lost against Defendant B and C, which corresponds to the following amount ordered to be paid.
Reasons
1. Basic facts
A. 1) Defendant C and Defendant B are married couple, and Defendant C are Defendant E Co., Ltd. (hereinafter “Defendant Company”).
(2) On November 28, 2013, the Plaintiff registered as an inside director of the Defendant Company on November 28, 2013, and completed the registration of retirement on November 28, 2016.
B. (1) On April 26, 2013, the Plaintiff transferred KRW 48,671,00 to the account under Defendant C’s name upon Defendant B’s request on April 26, 2013, and the Plaintiff borrowed the following contents from Defendant C, the wife of Defendant B (Evidence A 1-1, hereinafter “the instant loan certificate”).
Upon receipt of the foregoing money, Defendant C remitted the sum of KRW 48,671,000 to Defendant C’s account. Defendant C, on April 26, 2013, in order to secure the Plaintiff’s obligation to borrow the said money, the land and the building F in Busan (hereinafter “instant real estate”).
(1) On April 26, 2013, Defendant C borrowed KRW 50,000 from the Plaintiff and paid KRW 57,500,000 to the Plaintiff on April 25, 2014, the maximum debt amount of KRW 70,000,000 to the mortgagee, the Plaintiff of the right to collateral security, and the Defendant C’s right to collateral security (hereinafter “instant right to collateral security”).
The interest of the Nonghyup Bank shall be paid by Defendant C.
Obligor: Defendant C Creditor: Plaintiff
(2) Upon Defendant B’s request, the Plaintiff transferred KRW 20,00,000 to Defendant C’s account on September 10, 2013, KRW 10,000,000, and KRW 5,000,000 on October 18, 2013, and KRW 5,000,00 on March 16, 2014, and KRW 4,00,00,00 on March 19, 2014.
3) The instant right to collateral security was cancelled on April 14, 2014. (b) The amount of KRW 15,00,000,000, and KRW 25,000,00 on December 16, 2013, from the account held in the name of Defendant B and C, was transferred to the Plaintiff from the account held in the name of Defendant C, respectively. (c) The payment of wages to the Plaintiff of the Defendant Company was made to the Plaintiff; (d) around February 2, 2014, the Defendant D, the Defendant B, and C, using the Defendant Company, to operate a screen golf course from the land I (hereinafter “instant shopping mall”); and (e) the instant case was the case where “the instant shopping mall”).