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(영문) 대전지방법원 2020.06.24 2019나105915
구상금 등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

4...

Reasons

Under the underlying facts, A and the Defendant: (a) owned the real estate listed in the attached Table No. 1 (hereinafter “each of the instant real estate” in the attached Table No. 1; and (b) owned the real estate listed in paragraph (1) among them, and operated “E”; and (c) the Defendant owned a large number of commercial buildings within the instant automobile dealer.

Upon entering into a credit guarantee agreement and a loan credit guarantee fund of A on August 28, 2012, with respect to the credit guarantee obligation of A and the Industrial Bank of Korea of A, a credit guarantee agreement was concluded between August 28, 2012 and August 25, 2017 with regard to the credit guarantee principal, and the credit guarantee period was 25,500,000 won and the credit guarantee agreement was issued to A, and A was granted a loan of KRW 30,000 from the Industrial Bank of Korea (hereinafter “instant loan”).

A concluded a sales contract with the Defendant on January 5, 2015 with respect to each of the instant real estate as KRW 230 million (in the event of a contract, KRW 65 million shall be paid on January 31, 2015, and the remaining amount shall be paid after arranging loans on each of the instant real estate on the balance date).

(hereinafter “instant sales contract”). On January 5, 2015, at the request of A, the Defendant paid KRW 25 million to G, which created a collateral security on the instant real estate No. 1, and KRW 30 million to H, respectively. The Defendant paid KRW 4 million to F, who participated in the instant sales contract, and paid KRW 65 million to A, by paying the remainder of KRW 6 million to A.

A on January 6, 2015, each of the instant real estates was completed in the name of the defendant, respectively.

After all, the registration of the establishment of the right to collateral security in the name of G and H was cancelled (Nos. 4 and 5 of the table), and the Defendant’s remainder on January 30, 2015 to A 165 million.

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