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1. According to the Plaintiff’s expansion of the purport of the claim, the judgment of the first instance court is modified as follows.
The defendants are the defendants.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) and A Co., Ltd. (hereinafter “A”) are companies running mutual savings bank business, and A is a subsidiary of 100% of D.
E is a managing director in charge of D’s business and Defendant B’s wife, who is the representative director of Defendant B Company (hereinafter “Defendant B”).
B. On December 1, 2010, Defendant B entered into a loan agreement with A, which contains 12 billion won of the loaned principal, the maturity of which is December 1, 201, 10% per annum, 25% per annum at the time of arrears over three months or more (hereinafter “instant loan agreement,” and Defendant C jointly and severally guaranteed all obligations owed by Defendant B pursuant to the instant loan agreement.
C. On December 1, 2010, Defendant B entered into a mortgage agreement with A on each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to secure the instant loan, and on the same day, the Seoul Northern District Court received 36040 registration office, as to each of the instant real estate, the creditor A, the debtor B, and the maximum debt amount of KRW 15.6 billion was registered.
On the same day, A including the execution of the loan, deposited 12 billion won in the loan account (F) of Defendant B opened in accordance with the loan agreement in this case, and transferred 12 billion won from the above account to Defendant B’s ordinary deposit account (G). In order to indicate that Defendant B’s ordinary deposit was converted from Defendant B’s ordinary deposit account to a fixed deposit account, it is practically a temporary creation on an electronic basis, and is in fact the same as the fixed deposit account (I). After forming B and re-transfer the above 12 billion won from the above ordinary deposit account to the above fixed deposit account (I; hereinafter “the fixed deposit in this case”), the fixed deposit in this case was created again.