logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.04.07 2016가합790
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 19, 2009, the Plaintiff asserted that the Plaintiff registered the establishment of a new mortgage with respect to the real estate owned by the Plaintiff at the request of the Defendant to secure the Defendant’s obligation of C (hereinafter “C”) and registered the establishment of a new mortgage with respect to the real estate owned by the Plaintiff to Korea Bank Co., Ltd. (hereinafter “Korea Bank”), which is the obligee, with the maximum maximum debt amount of the Plaintiff, KRW 420 million, the obligor, and the mortgagee.

However, when C was unable to fully repay the above debt to our bank and forced execution based on the above right to collateral security, the Plaintiff and the Defendant agreed that the Plaintiff will be fully liable for the Plaintiff’s loan obligations for the Korea Commercial Insurance Co., Ltd. (hereinafter “Korea Commercial Insurance”) instead of obtaining a loan of KRW 230 million from the Korea Commercial Insurance Co., Ltd. (hereinafter “Korea Commercial Insurance”) and repaying the above amount to the Korea Commercial Insurance Co., Ltd’s debt on behalf of the Plaintiff.

Accordingly, the Plaintiff borrowed KRW 230 million as collateral from the Korea Commercial Insurance Co., Ltd. in accordance with the above agreement, and repaid the said money to Korea on November 18, 2013, on behalf of the Korea Commercial Insurance Co., Ltd., and cancelled the right to collateral security under the name of the Korea Commercial Bank.

Therefore, the Defendant is liable to repay the Plaintiff’s obligations to the Plaintiff for loans against Korean Commercial Insurance in accordance with the above agreement.

2. According to the reasoning of each judgment, Gap evidence Nos. 1, 3, and 4 (including paper numbers), the following facts are as follows: (i) on August 19, 2009, the registration of the establishment of a neighboring mortgage of the debtor C, creditor C, and the maximum debt amount of 420 million won has been completed with respect to the land and buildings owned by the plaintiff, Seongbuk-gu Seoul, Seongbuk-gu, Seoul, Seoul, with respect to the land and buildings on its ground; (ii) on December 23, 2013 to September 24, 2015, the defendant or E (the defendant's father appears to be the defendant's father) remitted money of approximately one million won per month to the plaintiff; and (iii) on March 4, 2016, the fact that the plaintiff dispatched a content-certified mail to the defendant as alleged above.

arrow