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(영문) 대구고등법원 2017.04.12 2016나1237
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant.

Reasons

1. Basic facts

A. The Plaintiff Company is a corporation with the objective of manufacturing and selling concrete pipes and assembly materials (capital KRW 500 million) and C is a person who served as the representative director of the Plaintiff Company and died on May 14, 2015.

B. In the account under the name of the Defendant or the Defendant’s husband, each of the accounts in the name of the Plaintiff or the wife F of the Plaintiff or C, which is each designated by C, was remitted with KRW 44 million on May 3, 2012, KRW 100 million on June 27, 2012, KRW 50 million on December 31, 2014, and KRW 1,203,000 on December 31, 2014, respectively (hereinafter “each of the instant transfers”), and the details thereof are as follows.

On June 27, 2012, when money was transferred from the Defendant’s account in the name of the Plaintiff to the Plaintiff’s account on May 3, 2012, 195,000 won, to the Defendant’s husband D, on June 27, 2012, to the Plaintiff’s account in the name of the Plaintiff, the sum of KRW 195 million transferred from the Defendant’s account in the name of the Plaintiff to the Defendant’s account in the name of the Plaintiff.

C. The transfer of this case 3 was used to pay interest on loans to the Cheongong Saemaul Bank that was loaned under the respective names of C and F. D.

Plaintiff

On February 5, 2015, the Company paid KRW 30 million to the Defendant for the repayment of the remitted money.

E. On April 23, 2015, C, the representative director of the Plaintiff Company, intended to borrow KRW 300 million from the Defendant with respect to existing transactions, such as the transfer of each of the instant loans, on behalf of the Plaintiff, and prepared and deliver a loan certificate with the following contents (hereinafter “instant loan certificate”) to the Defendant, and C jointly and severally guaranteed the Plaintiff Company’s obligation to the Defendant.

The amount of a loan certificate: The loan was borrowed from April 1, 2012 to December 31, 2014, and the amount of interest accrued therefrom, etc. shall be KRW 300 million on April 23, 2015. The loan certificate shall be prepared on the date due: the interest rate on July 31, 2015 shall be KRW 12 percent per annum from May 31, 2015 to KRW 3 million each month.

The interest at the time of arrears shall be 24% per annum.

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