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(영문) 부산지방법원 2018.12.05 2016가합43691
구상금
Text

1. As to Defendant C, D, and E, KRW 92,286,817, respectively, and KRW 10,000,00 among them, Defendant C, D, and E, from October 24, 201, and KRW 14,96.

Reasons

Facts of recognition

A. On August 3, 2004, the Plaintiff’s joint and several sureties and subrogation 1) I changed the trade name into J Co., Ltd. (hereinafter “K Co., Ltd.”) and hereinafter “J”.

(1) The Defendant C (J representative director) has lent KRW 200,000 to the Plaintiff at an interest rate of KRW 3% per month, and due date of payment on November 30, 2004.

(C) Defendant D (Defendant C’s spouse)

(i) Defendant E (a J’s staff member);

(2) On April 21, 2011, the Plaintiff filed a lawsuit claiming a loan against the Plaintiff, etc., and on April 21, 201, the Busan High Court sentenced that “the Plaintiff shall pay the Plaintiff the amount calculated at the rate of 183,263,595 won and the amount calculated at the rate of 30% per annum from April 21, 2009 to the date of full payment” (the Busan High Court 2010Na1521), and the above judgment was finalized on August 2, 2011.

3) According to the above final judgment, the Plaintiff subrogated to I for KRW 40,00,00 on October 24, 201, KRW 59,865,702 on May 30, 201, KRW 189,896,885 on October 9, 2012, KRW 79,384,682 on September 30, 2013, KRW 369,147,269 on behalf of the Plaintiff. (b) Defendant D’s disposal act 1) completed the registration of ownership transfer on September 29, 201 with respect to real estate listed in the separate sheet (hereinafter “instant real estate”).

2) On April 16, 2015, Defendant D entered into a mortgage agreement with Defendant F on the instant real estate with Busan District Court, and completed the registration of establishment of a neighboring mortgage amounting to KRW 36,00,000, out of the maximum debt amount (hereinafter the above mortgage agreement) under Article 27628, which was received by the Namsan District Court Branch of Busan District Court, the registration of establishment of a neighboring mortgage amounting to KRW 36,00,000 (hereinafter the above mortgage agreement) and the registration of establishment of a neighboring mortgage amount is called

(3) On July 13, 2015, Defendant D entered into a mortgage agreement with Defendant G (Defendant D’s relative relative) on the instant real estate, and on August 12, 2015, the establishment registration of a mortgage amounting to KRW 100,000,000 for Defendant G, the maximum debt amount of Defendant G, the maximum debt amount of which was KRW 61947, which was received from the Busan District Court’s branch branch branch office.

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