beta
Text
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. The father B of the Defendant performed the project in the name of the Defendant and actually managed the operation of the power-driven vessel F and G owned by the Defendant (hereinafter “each of the instant vessels”).
B. On May 30, 2007, “50,000,000.” The above amount was borrowed on May 30, 2007, and the certificate of borrowing will be issued. The above amount was promised to be repaid within January 30, 2008, and the interest will be paid in one copy per month (50,000 won).
borrower H(B),
C. I have promised to issue a loan certificate on the date of borrowing the above amount on June 18, 2007. The above amount will have been borrowed from July 8, 2007. The above amount will be repaid within 2008 and the interest will be paid in one copy per month (50,000 won).
(B) A borrower H(B) and (son)
C. I, on July 10, 200, the loan certificate was issued as of July 10, 2000, with the loan certificate stated as I, with the above amount borrowed on July 10, 2007. I, without the reasons upon the request of the I, promise to pay the loan certificate and to pay the interest in one copy (350,000 won); H(B);
C. A loan certificate stating I “I Ha” has been drawn up.
The loan certificate of each of the above loans is "each of the loans of this case".
C. On December 7, 2007, the Plaintiff held each of the instant vessels owned by the Defendant with the maximum debt amount of KRW 135,000,000 as the right to collateral security (hereinafter referred to as the “mortgage”).
(d) The Plaintiff was established. D. The Plaintiff was paid KRW 20,000,000, which is a part of the principal on each of the instant loan certificates, through J, the Defendant’s mother, as the wife on January 18, 2008, and on August 25, 2009, the Incheon District Court D and E (hereinafter “the procedure for double compulsory auction”) on each of the instant vessels.
A) received dividends of KRW 36,569,807, and appropriated the principal. 【The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1-1-3, and Gap evidence 2-4, and the purport of the whole pleadings.
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion 1 is the Defendant.