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Reasons
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(영문) 서울서부지방법원 2018.05.09 2017가합919
대여금
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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

Basic Facts

A. From April 2007 to June 28, 2007, the Plaintiff transferred the total amount of KRW 860 million to the corporate account, etc. of the D Co., Ltd. designated by Defendant B and Defendant B (hereinafter “Co., Ltd.”) over 20 times from April 2007 to June 28, 2007, and received KRW 1 billion from D on May 31, 2007. The Plaintiff jointly and severally guaranteed the liabilities of E representative director (Defendant B), Defendant B and F.

Since August 2007, E agreed to repay KRW 1.7 billion to the Plaintiff, and Defendant B transferred 20,000 shares to the Plaintiff as collateral on August 13, 2007.

B. On January 19, 2009, the Plaintiff determined the principal and interest of the Plaintiff’s claim against Defendant B and the Plaintiff’s Defendant B as KRW 937 million, which was paid by March 31, 2009.

(hereinafter referred to as “instant claim”) No. 3.

When the Plaintiff was accused of a criminal trial from G that made an actual investment in part of the money paid to Defendant B, etc. due to a criminal charge, the Plaintiff transferred the instant claim against Defendant B to G (hereinafter “instant assignment of claim”) on January 16, 2013, and made a criminal agreement. D.

On March 22, 2016, the Plaintiff made an agreement with the Defendants on March 22, 2016 regarding the takeover of the building in Busan in 2007 (hereinafter “instant agreement”).

In 2007, this Agreement was drawn up as follows with respect to the acceptance of sub-building between the lender and the defendant B, because the lender and the defendant B agreed on the lending of money:

- - Future -

(a) The amount to be repaid in full: 300 million won;

(b) Method and period of redemption - 200 million won: Within four months after sale - KRW 100 million: Within six months after sale, but the final repayment period shall not exceed December 30, 2016;

The defendant-sex development promises to preferentially pay the above money to the plaintiff in subrogation of the defendant B within three business days from the time of receiving the price from H.

When the above money is repaid, between the plaintiff and the borrower and the defendant B.

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