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(영문) 부산지방법원 2017.05.11 2015가단74608
양수금
Text

1. As to KRW 80,070,626 and KRW 24,59,339 among the Plaintiff, the Defendant shall pay to the Plaintiff the annual amount from August 4, 2015 to May 11, 2017.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in each entry in Gap evidence Nos. 1-18 (including a serial number) by integrating the overall purport of the pleadings.

On May 4, 2005, the Plaintiff, the Defendant, and C jointly make an investment in real estate and distribute profits therefrom. On or around Busan District Court D's D's auction of real estate, the Plaintiff, and the Defendant receive the sale of the land of KRW 1,420,00,000 for KRW 1,422,00,000 for the price, and completed the registration of ownership transfer on June 7, 2005 with respect to each of 1/4 shares and 2/4 shares by C.

B. On June 3, 2005, the Plaintiff and the Defendant and C loaned KRW 980,000,000 (hereinafter “first loan”) from NongHyup Co., Ltd. (hereinafter “NongHyup Bank”) with the Plaintiff as the debtor, Defendant and C as joint guarantor, and set up a collateral (hereinafter “first collateral security”) with respect to the land of this case as security to the Nonghyup Bank on June 7, 2005.

C. The Plaintiff, the Defendant, and C agreed to share the interest of the first loan according to the respective share ratio among the instant land, and the Defendant and C failed to implement such an agreement properly, and the Plaintiff paid it on behalf of the Plaintiff.

On June 29, 2006, the Plaintiff and the Defendant and C agreed to obtain additional loans to resolve the portion that the Defendant and C did not incur as agreed upon among the interest on the first loan. On June 29, 2006, the Plaintiff set up a collateral security (hereinafter referred to as the “second collateral security”) with respect to the instant land as the obligor, the maximum debt amount of KRW 120 million, and received a loan of KRW 100 million (hereinafter referred to as the “second collateral security”) from the Nonghyup on the same day. The principal and interest on the second loan are used by the Defendant and C, respectively.

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