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1. The plaintiff's claim is dismissed.
2. As to the case of application for the suspension of compulsory execution by this Court 2017 Chicago1026, April 2017.
Reasons
1. Facts of recognition;
A. D Operation C purchased E vehicle (hereinafter “instant vehicle”) in the name of the Plaintiff’s father F, who is an employee of C, in the name of KRW 140 million, and completed F ownership transfer registration with respect to the instant vehicle on December 6, 2012.
D On December 4, 2012, at the time of the purchase of the instant vehicle, D borrowed KRW 140 million in F’s name from the NAF Capital Co., Ltd. (hereinafter “CF Capital”) (hereinafter “CF”) and registered the creation of mortgage on the instant vehicle in the name of NAF Capital.
B. On April 24, 2015, D completed the registration of transfer of ownership in the name of G with respect to the instant vehicle, and on the same day, D borrowed KRW 100 million in G in the name of B from Vis Capital Co., Ltd. (hereinafter “BS Capital”) and completed the registration of the creation of mortgage in the name of BS Capital Capital with respect to the instant vehicle.
At the time of the above loan, D decided to cancel the mortgage in the name of Nonghyup Capital by repaying the debt of this case with the loan received from SP Capital from SP Capital. D received KRW 100 million from SP Capital, and D did not repay the debt of this case after receiving KRW 100 million from SP Capital.
C. Around August 2015, the Defendant, who was in charge of the said loan as an employee of the SP Capital, decided to pay for the debt of the instant loan on behalf of the Plaintiff, prepared a notarial deed as to the relevant obligation of indemnity when the Defendant subrogated for the instant loan to the Plaintiff.
The original defendant, on August 13, 2015, approved the debt of KRW 56.8 million to the defendant on August 13, 2015, as the certificate of the General Law Office No. 2015, which was issued by a notary public on August 13, 2015, "the plaintiff shall pay KRW 2,5.55 million each month during seven months from September 2015 to March 10, 2016, and pay KRW 3,1250,000 each month during seven months from March 31, 2016."