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(영문) 광주고등법원 2017.07.26 2017나10397
부당이득반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 13, 2006, the Defendant acquired B’s shares and power of representation from the representative director C on February 13, 2006, and at the time C took over all the issues arising from B before February 13, 2006.

On the other hand, D, the representative director of E, was to actively cooperate in the operation of the defendant's joint and several sureties's above duties.

(A) Evidence No. 1). (b)

D on January 29, 2007, in the name of E, a promissory note in the face value of KRW 240 million has been issued to the Defendant. With respect to the said promissory note, a notary public made and issued a notarial deed of promissory note (No. 2, hereinafter referred to as the “notarial deed of this case”) with No. 73, 2007 as a law firm.

C. Meanwhile, E, while constructing a G apartment on two lots outside F in Jung-Eup, suspended construction due to the failure of the event.

The Plaintiff borrowed money from the Defendant’s father H over several occasions in order to purchase the above land and apartment in 2012, and, on February 15, 2012, set up a right to collateral for ten households among the above apartment units with the maximum debt amount of 80 million won, and on March 14, 2012, set up a right to collateral for ten households with the maximum debt amount of 60 million won, respectively.

2. The Plaintiff and I borrowed 1.31 billion won from the deceased H [1.1 billion won for land loans of KRW 1.02 billion, ② E amount of KRW 240 million for E amount of KRW 240 million (the E amount of obligation based on the instant notarial deed)

(3) The Plaintiff and I, as the top priority in the receipt of bank loans to land and buildings (G apartment 68 households) of two parcels of land, F in order to pay the agreed amount of KRW 50 million (G apartment 68 households) to the deceased H by settling accounts of the interest on the above KRW 1.31 billion and the above amount.

4. If the Plaintiff and I are unable to pay the above money by the payment date, they shall make a registration of creation of collateral security to the network H and shall pay the above 68 households of the above land and apartment as the top priority in the receipt of bank loans.

No litigation shall be conducted in any case in respect of this case.

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