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(영문) 수원지방법원안양지원 2015.08.27 2014가단25830
보증채무금
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. As to the primary claim, Defendant B paid 3% interest per month to the Plaintiff by lending money to one’s own land holders, Defendant B received KRW 281,458,00 from the Plaintiff, and around May 22, 2009, on behalf of the Plaintiff, Defendant C, the representative of the company that implements the reconstruction project of E apartment on the ground D in Gwangju-si, and on behalf of the Plaintiff, lent KRW 160 million out of the said money (hereinafter “instant loan”).

(2) Defendant C used KRW 100 million out of the instant loans for rebuilding occupants, and used the remainder of KRW 60 million for its own business fund. The Defendants conspired with the Plaintiff and did not refund KRW 60 million borrowed from Defendant C with its own business fund.

3) In other words, on December 23, 2009, Defendant C returned only KRW 140 million among the instant loans to Defendant B’s account on December 23, 2009. The Defendants conspired with Defendant C to exempt Defendant C from the return of KRW 20 million out of the loans for business use, Defendant C did not return the said money to the Plaintiff by using the said money for any other purpose. ② The Defendants conspired in collusion with Defendant C to acquire and embezzled the remainder of KRW 40 million out of the loans borrowed from the business use funds. Accordingly, the Defendants did not receive a refund of KRW 60 million as a result of the Defendants’ joint tort. Accordingly, the Defendants are liable to pay damages for delay at a rate of KRW 30 million per annum in accordance with the interest agreement between the Plaintiff and Defendant B.

B. Defendant B did not grant the Plaintiff the right of representation to reduce the transfer or loan of the right to collateral security to Defendant B. However, at the time of the instant lease, Defendant C’s right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate owned by Defendant C, U.S. No. 1F, M. D at the time of the instant lease.

(b).

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