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Reasons
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(영문) 춘천지방법원 2018.09.12 2017가단6026
배당이의
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B lent KRW 50 million to E, who is his/her father and wife, at the rate of 24% per annum on July 31, 2015 and on July 31, 2017.

(hereinafter “instant loan”). (b)

On July 31, 2015, in order to secure the repayment of the instant loan with Defendant B, the Plaintiff entered into a mortgage-based agreement with regard to FFF Lending G, which is owned by himself, as follows:

8.4. Completion of the registration of creation of a mortgage of the maximum debt amount of KRW 50 million.

(hereinafter referred to as the “mortgage”. The maximum amount of debt shall be the maximum amount set forth in Article 1 of the 50,000,000 won which shall be the maximum amount and shall be set up within the scope of the said maximum amount, as well as, in the future, the right to collateral security against immovable property, all loans, transaction obligations, guarantee obligations and all other obligations owed by the debtor against the creditor in the future.

C. E prepares and deliver to Defendant B a certificate of borrowing KRW 300 million with interest rate of August 4, 2015 and due date of August 4, 2017; and from Defendant B a certificate of borrowing KRW 24 million.

8.5.10 million won was lent. D.

Defendant B lent KRW 165 million to E on January 6, 2016, and received the certificate of January 6, 2016, stating that Defendant B borrowed KRW 375 million from E. Of the above borrowed amount, Defendant B is the instant loan, and KRW 50 million is the instant loan, and KRW 300 million is the said loan.

The purport of the loan as stated in the subsection is stated.

E. E: (a) Defendant B KRW 7.4 million on December 23, 2015, and KRW 2.4 million on January 6, 2016;

1. 30 million won;

2.2.6.5 million won;

2.29.24 million won;

3. 8.2.4 million won was repaid in total, and 5,11.1 million won was repaid.

F. On March 18, 2016, E and the Defendants prepared a cash storage certificate of KRW 35 million among the instant loan claims by designating the debtor as Defendant B, joint guarantor E, and creditor C, and complete the registration of partial transfer of the instant mortgage by transferring 35 million out of the instant loan claims to Defendant C, and complete the registration of partial transfer of the mortgage.

G. The Defendants are entitled to the instant collateral security.

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