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1. Revocation of the first instance judgment.
2. The Defendant’s KRW 48,00,000 for the Plaintiff and its related costs from December 24, 2017 to July 20, 2020.
Reasons
1. Basic facts
A. On June 1, 2015, M of the Defendant’s representative director: (a) borrowed KRW 70 million from E Co., Ltd. (hereinafter “E”) with funds for the purchase of digging machines and accelerators at the Defendant’s name on a yearly interest rate of 12.9% per annum; and (b) borrowed for 48 months during the lending period; and (c) practically completed the registration of the transfer of ownership on June 26, 2015 with respect to FF digging machines owned by L (hereinafter “instant digging machines”) and accelerators N in the name of L, and completed the registration of the creation of a collateral security on the same day.
B. Meanwhile, as of May 4, 2016 between the Defendant and G, the construction machinery transfer agreement (Evidence A 2) between the sales price of the instant drilling machines at KRW 56 million between the Defendant and G is deemed to have been forged.
As long as the evidence No. 2 is deemed to have been forged, the damages for delay dismissed among the claims for return of unjust enrichment against the Defendant of G subrogated by the Plaintiff is not recognized as either selective claimant G’s claim for return of purchase price.
be drawn up.
C. On May 4, 2016, G agreed that, on the basis of the above transfer contract, KRW 48 million from H Co., Ltd. (hereinafter “H”) would lose the benefit of time when repayment or interest is overdue on at least two occasions, by designating the loan amount of KRW 11.9% as interest rate, KRW 48 months during the loan period, KRW 48 months, purchase funds (F), and equal repayment of the principal and interest on repayment method (hereinafter “instant loan”).
G deposited KRW 48 million in the virtual account for the Defendant’s repayment of loans to H on the same day, and KRW 48 million out of the Defendant’s obligations to E was repaid from the virtual account.
E. G lost the benefit of the time due to the delayed payment of redemption two times or more, and the Plaintiff acquired all rights to G from H on July 7, 2016, and H notified G of the transfer of the said obligation at that time.
G. The plaintiff is G.