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(영문) 광주지방법원 2016.02.04 2014가합58971
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. At the beginning of July 2013, the Defendant: (a) requested that Nonparty D provide collateral and borrow KRW 300 million for the purpose of borrowing KRW 300 million for a monthly loan; and (b) requested Nonparty E to request that the person who will lend KRW 300 million for the business loan. (c) On the other hand, the Plaintiff’s representative director F at D’s request, and the Plaintiff’s representative director at D’s request, set the respective real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) as collateral in order to borrow KRW 300 million for the business fund.

3) After hearing the statement that the Defendant wishes to lend the money of Nonparty G from E on July 30, 2013, along with the Plaintiff’s representative director F, D, and G’s representative agent, E, etc., to the I Office located in Ha in Y in Y in the Yancheon-si working as an office employee, and the Defendant decided to borrow KRW 300 million from G on August 2, 2013, the due date for repayment, September 2, 2013, and the monthly interest amount of KRW 7,500,000,000,000 for the loan amount of KRW 300,000,000 (hereinafter “the loan in this case”).

(4) On August 2, 2013, E remitted KRW 270 million to the Defendant, and the Defendant wired KRW 270 million to Nonparty D, his father.

5) On September 3, 2013, D remitted KRW 10 million to the Defendant as interest on the instant loan, and the Defendant wired KRW 10 million to E on the same day. (B) On July 30, 2013, the Plaintiff, as a collateral for the instant loan, concluded a mortgage contract with regard to the instant real estate as a collateral for the instant loan amount, setting the amount of KRW 390 million as the mortgagee G, the person establishing the right to collateral security, the Plaintiff, the Defendant, and the maximum debt amount (hereinafter “instant mortgage contract”), and the instant mortgage contract.

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