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Reasons
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(영문) 춘천지방법원강릉지원 2014.07.10 2014가합409
근저당권말소
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1. The principal and interest of the Plaintiff on November 30, 2012, based on the agreement between the Plaintiff and the Defendant, and the Plaintiff’s payment of the principal and interest.

Reasons

1. Basic facts

A. On November 19, 2012, the Plaintiff: (a) received a proposal from B and C to seek a 13,000,000,000 won as the purchase price; (b) transferred KRW 113,00,000,000 as the purchase price for the 20th day of the same month; (c) KRW 53,000,000 as the 21st day of the same month; and (d) KRW 47,00,000 as the 5th day of December of the same year to B’s account; and (d) transferred KRW 6,00,000,000 as the registration fee to C’s account.

B. The Plaintiff borrowed KRW 20 million from Bain D and KRW 50 million from E to pay the purchase price as above to B, respectively.

C. However, around November 21, 2012, B and C recommended the Plaintiff, who is aware of the circumstances, to obtain a loan from a capital company as a security, to use the money borrowed from the Plaintiff for the money to repay, and the Plaintiff issued a certificate of seal impression and seal impression necessary for the loan business to B and C.

On November 30, 2012, B and C requested F to enter into a loan agreement with the Plaintiff, an employee of the Union EFC Co., Ltd. (hereinafter “FFC”), which is an intermediary company for commercial vehicles and construction equipment, on November 30, 2012, and F entered into a contract with the Defendant on behalf of the Plaintiff on the same day, and with the Defendant, and with the Plaintiff on the Twitter (the former vehicle number G; hereinafter “the instant Twitter”).

The product condition column of the loan agreement of this case (hereinafter “the agreement of this case”) states “120 million won in the loan principal, interest rate of 19.9% per annum,” and “financial institution: Nonghyup, deposit owner, account number: H: H., and seller column as “AFC” in the column of receipt and automatic transfer of loans.

E. On November 30, 2012, the Defendant is the Union EFC of KRW 120 million in the name of the above loan.

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