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1. A loan for consumption of money with security of KRW 350,000,000 entered into on October 28, 2013 between C and the Defendant is a contract for lending money with security for transfer.
Reasons
1. Facts of recognition;
A. On April 21, 2014, the Plaintiff filed a lawsuit claiming the payment of goods against Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the basis of the claim for the payment of goods against Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on July 7, 2013 and August 2013, and was sentenced by the Seoul Southern District Court (2014Da55817) on June 9, 2014 that “Nonindicted Co., Ltd. shall pay to the Plaintiff the amount of KRW 14,98,420 and damages for delay from May 15, 2014 to the date of full payment (20% per annum).”
The above judgment was finalized on July 5, 2014.
B. On October 28, 2013, Nonparty Company entered into a loan agreement for consumption of money with the Defendant and the loan amounting to KRW 350 million, November 8, 2013 due date, which was determined as transfer security, fishery facilities, office facilities, etc., and issued an executory deed stating the purport of immediately accepting compulsory execution (hereinafter “notarial deed of this case”).
C. On November 14, 2013, the Defendant received a collection order for the claim against the credit card sales claim held by the non-party company against each credit card company from the Seoul Southern District Court (2013TTTTTT 23045) on the title of execution of the instant claim on the Notarial Deed, and received distribution of KRW 10,12,467,912 in the same court distribution procedure.
On June 26, 2013 and July 3, 2013, the Defendant remitted 10 million won to K (106 Dong 401, Dong 801), L (102 Dong 801) to M (102 Dong 601), 20 million won to M (102 Dong 601, and 20 million won to N (102 Dong 802 Dong).
In addition, from October 4, 2013 to October 25, 2013, the Defendant remitted KRW 188,000 to the non-party company 17 times. Meanwhile, the non-party company was from September 11, 2013 to October 30, 2013.