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Reasons
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(영문) 대구고등법원 2017.06.23 2016나21897
대여금
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1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The occurrence of monetary claims;

A. 1) The Plaintiff of the loan and the security agreement shall lend the Defendant C totaling KRW 350,000,000 from September 2006 to December 2, 2006 (hereinafter “instant loan”).

(2) Defendant C paid 350,000,000 won of the instant loan to the Plaintiff by December 30, 2008 between the Plaintiff and the Plaintiff on January 5, 2007, and Defendant C paid 350,000,000 won to the Plaintiff until December 30, 208, and in the event of such payment, Defendant C transferred 4,000 (400,000, 3,600,000,000 won owned by Defendant B (the husband of Defendant C) in E (hereinafter “instant collateral agreement”).

(2) Around June 2007, Defendant B sold to a third party pigs subject to the instant collateral agreement.

Defendant C sold pigs around June 2007 to the Plaintiff, and paid KRW 120,000,000 to the Plaintiff, and paid KRW 30,000,000 from July 2008, Defendant C repaid KRW 150,000,00 among the instant loans (= the aforementioned KRW 120,000,000,000).

The Plaintiff: (a) on the grounds that Defendant C sold pigs to a third party prior to the date of repayment under the instant collateral agreement (the date of December 30, 2008), Defendant C was accused of a criminal charge of breach of trust (the Seogu District Prosecutors’ Office 2008 type No. 28156) around August 2008.

On September 22, 2008, Defendant B entered into an agreement (Evidence A No. 1; hereinafter “instant additional agreement”) with the Plaintiff as an agent of Defendant C on September 22, 2008, with the following terms and conditions (hereinafter “instant additional agreement”).

1. Until October 20, 2008, Defendant B paid to the Plaintiff KRW 70 million out of KRW 200,000,000 (the loans of this case - KRW 150,000,000) (the loans of this case - KRW 150,000,000), which is the remainder of the loans of this case, and guaranteed the Plaintiff’s family as the surety for the remainder of KRW 130,000,000.

2. The plaintiff shall immediately revoke this case's complaint upon receiving the guarantee from B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. The facts of the above recognition 1.

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