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Reasons
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(영문) 인천지방법원 2019.08.14 2018가단27071
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion became aware of the Defendant through Nonparty D.

The Plaintiff jointly owned by the Defendant and the Defendant’s husband with the goods equivalent to KRW 10,00,000,000, in cash, provided D with the goods equivalent to KRW 110,000,000, and lent KRW 150,000 to D. The Defendant lent KRW 150,000 to the Defendant. Accordingly, the Plaintiff completed the registration of the establishment of a mortgage over the instant real property amounting to KRW 390,000,000 with the maximum debt amount. The Defendant is obligated to pay the Plaintiff a loan of KRW 150,00,000 with compensation for delay.

B. The defendant's assertion that the plaintiff provided the real estate of this case as security and received KRW 150,000,000 in return, while lending KRW 300,000 to D, it did not directly borrow KRW 150,000 from the plaintiff.

2. Determination

A. The facts of recognition D requested the Plaintiff who was in close friendly relationship with the Plaintiff to lend money. However, D requested the Plaintiff to provide a collateral for the loan, and D agreed that the Defendant would use the collateral half of the amount of the loan through a real estate business entity. On June 14, 2017, the Plaintiff, the Defendant, C, and D entered into a mortgage agreement on the instant real estate first at the office of a certified judicial scrivener, and entered into the mortgage agreement on the instant real estate as the Plaintiff, the obligor, the Plaintiff, and C as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-holder,” and the Defendant and C, and the “PPP amount of the claim” as stated in Article 1. The above amount is set up within the maximum amount, and currently, in the future, as a collateral for the real estate jointly with the obligations, various loans, transaction obligations, guaranteed obligations, and all other obligations owed by the obligor against the obligee.”

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