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(영문) 울산지방법원 2019.07.25 2018가합1342
대여금 등
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 120,000,000 won and the above amount from September 5, 2018 to Defendant B.

Reasons

1. Basic facts

A. On March 6, 2015, the Plaintiff lent KRW 250 million to Defendant B’s father D, who represented by Defendant B, and concluded a mortgage agreement on the land size of KRW 1458 square meters in the name of Defendant B in Changwon-si E, Changwon-si, who will complete the registration of ownership transfer under the name of Defendant B, and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the Plaintiff and the maximum debt amount of KRW 300 million on the ground thereof.

At the time, D and Defendant C guaranteed Defendant B’s above loan obligation against the Plaintiff.

B. On July 15, 2015, Defendant C borrowed KRW 100 million from the Plaintiff on a yearly basis and on October 15, 2015, respectively.

C. On the other hand, around February 12, 2016, the Plaintiff received KRW 130 million from D, and cancelled the registration of creation of mortgage of the instant case.

D On June 27, 2016, the Plaintiff confirmed on June 27, 2016 that the principal of the borrowed amount remaining at the time as the obligor was KRW 220 million after deducting the total amount of KRW 130 million repaid at the above loan amounting to KRW 350 million, and Defendant C jointly and severally guaranteed the above borrowed amount.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 250 million to Defendant D who represented by Defendant B, and KRW 100 million to Defendant C. Defendant C jointly and severally guaranteed the Plaintiff’s respective loan obligations against Defendant C, and Defendant C’s respective loan obligations against the Plaintiff. The Defendants agreed to pay KRW 220 million after deducting KRW 130 million paid out of the total amount of each of the above loan. As such, the Defendants are jointly and severally liable to pay KRW 220 million as the primary debtor or joint and several sureties.

B. Defendant B’s assertion 1 did not confer the right of representation to borrow KRW 250 million from the Plaintiff to the Plaintiff, and Defendant C’s assertion to the Plaintiff.

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