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(영문) 서울남부지방법원 2018.11.08 2018가단205289
대여금
Text

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

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

Reasons

1. Basic facts

A. At the time of November 23, 2009, the registration of establishment of a neighboring mortgage (hereinafter “registration of a prior collateral security”) consisting of the Plaintiff, the maximum debt amount of KRW 130 million, the debtor, the Plaintiff, and the mortgagee’s Financial Cooperative, was completed on November 20, 2009, on the ground of a collective security agreement on November 20, 2009, with respect to the 19.83 square meters of the above ground wood tank and the 19.83 square meters of the above ground wood tank owned by the Plaintiff.

B. Thereafter, as of October 28, 2014, the Plaintiff as the applicant for the loan was carried out by Defendant C Cooperatives (hereinafter “Defendant C Cooperatives”) with the loan of KRW 16 million (hereinafter “instant loan”). On the same day, KRW 128,981,361 out of the above loan of KRW 16 million was deposited into the loan account of the F Association under the name of the Plaintiff, and the prior registration of collateral security was cancelled on October 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Claim against the defendant B

A. The Plaintiff’s primary assertion as to the cause of the instant claim that Defendant B received the instant loan from Defendant C Association, and then cancelled the registration of the prior collateral security and borrowed the remainder of KRW 30 million to himself/herself, Defendant B lent KRW 30 million to Defendant B after receiving the instant loan.

However, Defendant B did not repay the above loan amounting to KRW 30 million and did not pay the interest on the instant loan, and the Plaintiff did not pay the interest on the instant loan, which was KRW 660,000 on April 28, 2016 to Defendant C Cooperatives, the same year.

7. On January 25, 2017, paid 70,000 won, 14,358,980 won by subrogation.

Therefore, Defendant B is obligated to pay the Plaintiff the total amount of KRW 30 million and the interest on the said substitute payment (= KRW 660,000,000 KRW 14,358,980,000 KRW 660,000 KRW 768,980) and damages for delay.

2. Defendant B, who had the Plaintiff obtain the instant loan and borrowed KRW 30 million, intended to repay the borrowed amount or to pay the interest on the instant loan on behalf of the Plaintiff.

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