(영문) 서울동부지방법원 2012.10.19 2012가단7480

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(영문) 서울동부지방법원 2012.10.19 2012가단7480

손해배상(기)

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

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

Reasons

1. Basic facts

A. At the time of lending to C KRW 30 million, 360 million, 30 million to High Heat Energy Co., Ltd. (hereinafter “high Heat Energy”), the Plaintiff is a creditor who registered the establishment of a neighboring apartment 22 Dong 1303 (hereinafter “instant apartment”). Defendant A, as his father, entrusted C with the fostering of Defendant B, who is the mother of C, due to the lack of intention due to overseas business trip, etc., because the management of the small and medium enterprise was difficult to look at C, and F was married with Defendant B on December 12, 1967 and divorced around October 18, 2010 after the marriage with Defendant B and around February 2004.

B. On April 10, 2006, F had C, a person without will, enter into a loan agreement with the Plaintiff at a rate of 300 million won, interest rate of 11% per annum, and 25% per annum, with respect to the loan agreement (hereinafter “the loan agreement of this case”), and as to the apartment of this case, “under the Plaintiff as the Plaintiff for the said debt security,” the “the creation registration of the mortgage of neighboring apartment of this case with the maximum debt amount of 390 million won (hereinafter “the creation registration of the mortgage of this case”).

207.

C. D was loaned KRW 70 million from the Plaintiff on September 29, 2006 by the Plaintiff, and F is "the first joint and several guarantee agreement" for the above debt.

In order to secure the obligation, the Plaintiff and the instant apartment is required to conclude a mortgage agreement with the maximum debt amount of KRW 91 million with respect to the apartment of this case, and the Plaintiff is required to establish a mortgage agreement with the Seoul Eastern District Court (Seoul East District Court No. 75142, Sept. 29, 2006).

D. D.

In addition, in the event that high-calorie energy is loaned KRW 360 million from the plaintiff on March 21, 2007 by the plaintiff on March 21, 2007, F is "the second joint and several guarantee agreement" for the above debt.

of this title. The obligation shall be secured by the execution of the contract.

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