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(영문) 수원지방법원성남지원 2017.11.24 2016가합206761
대여금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. As to the area of 10,344 square meters of D forest land (hereinafter “D land”), C forest land and 3,600 square meters (hereinafter “C land”) in Namyang-si, Namyang-si, the registration of ownership transfer has been completed in the future as each Defendant’s wife.

B. On March 6, 2013, with respect to D land and C (hereinafter collectively referred to as “each of the instant lands”) as joint collateral, a collateral security (hereinafter referred to as “priority collateral security”) was established with regard to each of the instant lands, etc. as joint collateral, with the maximum debt amount of KRW 1,400,000,000,000, and the debtor, the defendant, and the Hydo Agricultural Cooperative Co., Ltd. (hereinafter referred to as “CF”).

C. On March 28, 2013, the Plaintiff and the Defendant agreed to the agreement (hereinafter “instant agreement”) by means of preparing a letter of commitment to the implementation of the agreement (hereinafter “instant letter of commitment”).

The defendant and F, who have jointly and severally and severally guaranteed KRW 3,00,000,000, shall not be liable for the above amount, and the right to collateral security shall be KRW 400,000,000 in D.

C is required to resolve part of the right to collateral security at the time of sale.

D With respect to land, the maximum debt amount of KRW 3,00,000,000,000 for maximum debt amount on April 5, 2013, and the right to collateral security (hereinafter “instant right to collateral security”) created by the debtor G and the plaintiff of the right to collateral security (hereinafter “mortgage”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment on the plaintiff's primary claim

A. From December 201 to January 201, 201, the Plaintiff asserted that the Plaintiff lent KRW 2,000,000 to G, and that F set up a maximum debt amount of KRW 3,00,000,000 with respect to the said loan repayment obligation, the Plaintiff provided a real guarantee and a joint and several surety by setting up a collateral security right of KRW 3,00,000 with respect to the said loan repayment obligation.

At the time, the Plaintiff, at the request of F, kept the above loans KRW 2,000,000,000 to the Defendant, but the Plaintiff had the Defendant receive and use the loans whenever G needs money.

However, the defendant has been kept in custody as above.

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