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(영문) 춘천지방법원영월지원 2020.07.22 2019가단12164
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 5, 2016, the Defendant and C Co., Ltd. (hereinafter “C”) entered into a monetary loan agreement with the Defendant stating that “C borrows KRW 200 million in total as KRW 100 million for sales agency deposit and sales agency business promotion expenses from the Defendant in relation to the sales agency service contract for the Busan Suwon-gu D business” (hereinafter “instant loan agreement”).

At the time of entering into the loan agreement of this case, the Plaintiff jointly and severally guaranteed the Defendant with respect to KRW 100 million in the name of sales agency business expenses among the loan debt of this case.

B. The main contents of the loan agreement of this case are as follows.

Article 3 (Amount of Loan and Amount of Loan Agreements) (1) Borrowing of 200 million won (2) Borrowing of 50,000,000 won (50,000 won): The deposit deposit (100,000 won) out of the amount borrowed from the defendant shall be returned to the defendant at the time of returning the deposit under the money loan contract entered into with C and E, and the business promotion expenses (100,000,000 won) shall be paid in lump sum by the loan and the agreed source by October 5, 2016 in accordance with the timing of payment of the parcelling-out contract entered into with E.

Article 6 (Guarantee of Business Promotion Expenses) With respect to business promotion expenses (10,000,000 won) out of the money loan agreement entered into between C and the defendant, the plaintiff, a joint and several surety, shall make a joint and several guarantee by taking the F Commercial Building as security in Taekk-si.

When the joint and several liability is delayed for at least three months from the date of payment of the loan, the defendant may request the plaintiff to assume joint and several liability

C. Accordingly, on July 6, 2016, the Defendant transferred KRW 100 million to E (hereinafter “E”) with the remitter under the name of “C” at the request of C and the Plaintiff, and leased KRW 200 million in total to C by transferring KRW 100 million to the account in the name of C.

Since then, the Plaintiff: (a) KRW 50 million for the Defendant; (b) KRW 50 million on February 1, 2017; (c) KRW 50 million on February 21, 2017; (d) KRW 30 million on March 17, 2017; and (e) KRW 30 million on April 21, 2017.

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