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(영문) 서울중앙지방법원 2017.09.08 2016가단5221606
구상금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 31,533,245 to the Plaintiff (Counterclaim Defendant) and the amount from September 23, 2016 to February 2, 2017.

Reasons

1. Basic facts

A. The Plaintiff married with C on October 13, 1987, and C was married with C on April 16, 2004 and died on April 16, 2004. The Defendant was omitted.

B. On April 28, 2008, the Defendant took out a loan of KRW 260 million from the National Bank of Korea (hereinafter “National Bank”), and provided an apartment as indicated in the attached list owned by the Plaintiff (hereinafter “the apartment of this case”) as security, and the registration of establishment of a neighboring apartment of this case was completed, which was composed of KRW 312 million with the maximum debt amount, the debtor, the Defendant, and the National Bank of Korea with the mortgagee.

C. On September 22, 2016, the Plaintiff paid 31,533,245 won to a national bank with a surety to secure another’s property to secure another’s obligation as a result of the Defendant’s failure to repay part of the above loans.

[Reasons for Recognition] Each entry of Gap 1, 2, and 5 (including paper numbers) and the purpose of the whole pleading

2. The plaintiff asserts that the defendant is obligated to pay the above amount of subrogation to the plaintiff 31,53,245 won and delay damages.

The defendant asserts as a counterclaim against the principal lawsuit as follows.

① The Plaintiff, the Plaintiff’s head and the Defendant’s father, supported the purchase fund in purchasing the instant apartment, and the Defendant Dong Jae-si opposed this, the Plaintiff, upon entering into the instant apartment sales contract on June 30, 1995, prepared and ordered to pay KRW 150 million to E, but failed to pay the borrowed amount, thereby making a provisional attachment on the instant apartment.

② Around April 2008, the Plaintiff, the Defendant, and E obtained a loan of KRW 260 million from the instant apartment as collateral and repaid the Plaintiff’s debt to E on behalf of the Plaintiff, then E cancel the above provisional attachment. The remainder KRW 110 million is to be repaid by the Defendant after its use, but the Plaintiff is to pay the Defendant the amount of the inherited property of KRW 150 million in the process of dividing the amount of the Plaintiff’s inherited property.

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