logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.25 2017가단5129233
대여금
Text

1. The plaintiff's claim against the defendant is dismissed.

2. The costs of the lawsuit shall be borne by the intervenor accepting the lawsuit.

Reasons

1. On June 18, 2004, the registration of the establishment of a neighboring mortgage-mortgage G, the debtor, and the maximum debt amount as KRW 750,000,000 was completed with respect to the land and buildings on the land (hereinafter “the instant real estate”) owned by the Defendant Da, E, and the land (hereinafter “the instant real estate”).

However, on October 14, 2004, the establishment registration of a neighboring mortgage with the maximum debt amount of KRW 800 million was completed, and on October 15, 2004, the establishment registration of a neighboring mortgage in G was revoked on the ground of termination on October 15, 2004.

On February 21, 2005, part of the contract (transfer amount to KRW 400 million) with respect to H’s right to collateral security was transferred in the name of H, and the registration of establishment of a collateral security in the name of the Plaintiff was completed on the same day. The registration of establishment of a collateral security in the name of the Plaintiff was completed regarding the instant real estate as KRW 200 million.

Upon the application of H, a voluntary auction procedure was initiated with respect to the instant real estate, which is a collateral security right holder, and the distribution of KRW 400 million to I and H on August 8, 2007, as well as KRW 200 million to the Plaintiff. As to the Plaintiff’s dividend amount, the Plaintiff’s lawsuit of demurrer against distribution [the Plaintiff’s distribution of KRW 19,654,849, which is the amount of the lawsuit of demurrer against distribution [the Plaintiff’s distribution of KRW 2007,5011, Seoul High Court, Seoul High Court 2009Na404, and Supreme Court 2009Da91354, supra] was pending, the amount was corrected to KRW 19,654,849.

[Reasons for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings

2. Determination

A. On October 14, 2004, the Plaintiff, L, and M lent KRW 600 million to D, E, and Defendant on February 14, 2005 as the due date for reimbursement of KRW 300 million, and the amount loaned by the Plaintiff out of the above KRW 600 million was KRW 100 million.

(hereinafter “The first loan”). The intervenor acquiring the Plaintiff (hereinafter “the intervenor”) extended the repayment period of the first loan on February 17, 2005 for four months and the Plaintiff additionally extended KRW 100 million.

The plaintiff, H, and I ultimately act as the defendant D, E, and the defendant.

arrow