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(영문) 울산지방법원 2015.08.13 2014가합5339
구상금 등
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. On May 15, 2007, Defendant B borrowed KRW 250,000,000 from a military agricultural cooperative on an annual rate of 6.7%, agreed delay damages rate of 12%, and due date of repayment on May 15, 2010.

(hereinafter “instant loans”). (b)

Plaintiff

And D offered the following security to the military agricultural cooperatives with respect to Defendant B’s above loans.

(1) On May 14, 2007, the Plaintiff completed the registration of creation of each of the superficies over the territory of the mortgagee, the military agricultural cooperatives, the maximum debt amount of KRW 325,00,000, the debtor’s establishment registration of each of the neighboring areas to the defendant B, and the barracks agricultural cooperatives with superficies for the duration of thirty years.

B. On May 18, 2007, the Plaintiff completed the registration of the establishment of superficies with respect to the 398 square meters of GJ G, which is owned by the Plaintiff, for the 325,000 square meters, 325,000 won, the maximum debt amount, the registration of the establishment of the mortgage and the superficies with respect to the 30-year superficies with respect to the 1,514 square meters of the term of the debtor, and D completed the registration of the establishment of superficies with respect to the 1,514 square meters of the 1,514 square meters in its possession on the same day with respect to the 325,00,000 square meters of the maximum debt amount, and the 30-year superficies establishment with respect

[Ground of recognition] Facts without dispute, entry of Gap 6's evidence 1 to 5, purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The gist of the assertion is that the Plaintiff, as a surety, subrogated to KRW 241,144,55 of the principal and interest out of the instant loans as a surety, is liable to pay the said subrogated amount of KRW 241,144,55 and interest and delay damages thereon.

(b) Where a third party obtains a loan from a judgment financial institution and allows the third party to use his/her name, regardless of whether he/she is liable as a principal debtor to the financial institution that is the creditor.

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