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(영문) 수원지방법원 2017.06.02 2015가합6886
양수금
Text

1. The Plaintiff:

A. Defendant B is KRW 266,897,226, and 5% per annum from December 11, 2015 to June 2, 2017.

Reasons

1. Basic facts

A. On September 30, 2014, the Plaintiff purchased forest E, E, 3,018 square meters (hereinafter “instant land”) from D in the Gyeonggi-do, for KRW 400 million. Of the purchase price, KRW 170,000,000 shall be replaced by the amount loaned to D until January 3, 2013 by the Plaintiff, and KRW 230,000,000 shall be decided to take over the collateral security obligation of the said land on an equal amount (hereinafter “the instant sales contract”). On November 17, 2014, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff with respect to the instant land.

B. Meanwhile, on January 27, 2010, prior to the conclusion of the instant sales contract, Defendant B obtained a loan of KRW 350,000,000 from the Gyeonggi-do Fisheries Cooperatives (hereinafter “instant loan”), and D had provided the instant land as collateral to the Gyeonggi-do Fisheries Cooperatives and completed the registration of creation of a neighboring mortgage of KRW 455,00,000 for the maximum debt amount (hereinafter “instant mortgage”). Since then, D agreed to extend the lending period of the said loan twice on March 2, 2011 and January 27, 2012, Defendant C also signed the said loan as a joint and several surety with D as at the time of the instant loan.

C. On October 16, 2015, the Plaintiff subrogated 347,243,812 won in total as principal and interest, etc. on the above loan obligations to the Gyeonggi-do Fisheries Cooperatives, and cancelled the instant collateral security on the same day.

D The heir died on December 17, 2014, and died on December 17, 2014. The heir of F and G exist, and F and G are 10,307,407,407 won as of December 14, 2012 in relation to the above loan obligation, and 70,000,000 won as of April 19, 2013, and 230,307,000 won as of October 16, 2015 on behalf of the principal debtor, and 310,307,407,407 won in total. On November 17, 2015, the Plaintiff transferred the indemnity claim against the Defendant C, a joint and several surety, to the Plaintiff at KRW 310,307,407, and ② at around 15,153,704,704,307,307, 197

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