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(영문) 서울고등법원 2015.04.16 2014나30133
대여금
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. Facts of recognition;

A. A. A. B’s loan obligations, etc. 1) B is C’s form; D’s wife; D’s wife; C’s son and son; D’s son’s son; and F’s son’s son as the wife of D; and C’s son’s her son. 201, the old Saemaeul Community Fund was repaid to B on February 20, 2002 the amount of KRW 20 million under the joint and several surety of C and D (hereinafter “first loan”); and on April 25, 2002, D’s joint and several surety and D’s real estate owned as security (hereinafter “second loan”) with respect to the second loan loan, the remainder of the principal and interest paid out by voluntary auction on the secured real estate except for the principal and interest paid in June 5, 2005, 3598,500.

3) On July 16, 2012, the claim for the first and second loans was successively transferred from the Dobong Saemaeul Community Fund to the Plaintiff on December 31, 2012. The Plaintiff filed an order to pay the first loans (the principal amount of KRW 20 million and interest on delay at 20% per annum from December 18, 2003 to the date of full payment) and the second loans (the principal amount of KRW 55,498,350 and interest on delay at 20% per annum from July 1, 2005 to the date of full payment), and each payment order was issued on January 22, 2013, and each payment order against the payment order was sold to the Plaintiff, which became final and conclusive on February 18, 2013, and each of the above loans was sold to the Plaintiff from 200,000,000 won on the ground to 200,000,000 won on the land.

B. E’s career experience, etc. 1) E is a ZTex Co., Ltd. (hereinafter “ZETex”) located in U from around 2002 to July 2004.

(2) On October 15, 2004, E sold the site and buildings of the above gas station to AB for the reason that it was difficult to repay loans to the financial institution on November 3, 2004.

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