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Reasons
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(영문) 수원지방법원 2018.10.25 2018나3073
손해배상(기)
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1. All of the plaintiff's appeals are dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On January 20, 2005, the deceased D (hereinafter “the deceased”) lent 13 million UN (the exchange rate of 100N per 100N) necessary for the Plaintiff’s musical acquisition to E, and E decided to repay 180,560 U.N. monthly from the end of March 2005 to the end of February 201, and the Plaintiff guaranteed the obligation to return loans owed by E to the deceased under the said agreement.

(2) The deceased’s claim against the Plaintiff (hereinafter “deposit claim”). B.

E repaid to the Deceased the amount of KRW 1 million on May 9, 2005, KRW 597,000 on September 1, 2005, KRW 597,000 on September 1, 2005, KRW 2 million on January 6, 2006, KRW 1 million on February 22, 2006, and KRW 1 million on March 30, 2006.

C. E did not pay the amount of money to be repaid in installments after April 2006. On May 16, 2006, the deceased completed the provisional attachment registration as to F204 Dong 403 (hereinafter “the apartment of this case”) owned by the plaintiff, subject to the order of provisional attachment on real estate by Sungwon District Court Decision 2006Kadan50428 (hereinafter “the apartment of this case”).

The Deceased, the Plaintiff, and E, decided to exempt the Deceased from the remainder of the borrowed money if he/she fully pays part of the borrowed money to the Deceased. Accordingly, the Plaintiff and E disposed of singing around Mar. 3, 2007, prepared a music and exchanged the above KRW 60 million from a national bank into UN on March 16, 2007, and paid it to the Deceased.

E. On March 15, 2007, the Deceased filed an application for the cancellation of the provisional seizure with the Sungwon District Court's Sung-nam branch on March 22, 2007, and the above provisional seizure registration was cancelled.

F. On December 28, 2012, the Deceased completed the provisional attachment registration on the instant apartment by obtaining a decision of provisional attachment on real estate from Sungwon District Court (Seoul District Court Branch 2012Kadan51260) by setting the Plaintiff’s claim against the said security deposit as the preserved right.

(g) The deceased’s claim for loans against the Plaintiff and E as Seoul Central District Court No. 2012Gahap101812.

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