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(영문) 서울중앙지방법원 2016.12.02 2016나10161

전부금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim attachment and assignment order 1) around July 29, 2014: (a) in order to collect the claim for construction price of KRW 1,50,000,000 against B from B; (b) the Plaintiff was drafted with a bill No. 185 in Seoul General Law Firm No. 2014; (c) on August 7, 2014, the Plaintiff was issued a bill No. 185; (d) on the basis of the above notarial deed, the obligor was the Defendant and the third obligor’s claim amount of KRW 1,50,000,000 with the Defendant and the third obligor’s claim amount of KRW 1,50,000,000; (e) the claim subject to attachment was issued with the claim attachment and assignment order (hereinafter “instant seizure and assignment order”); and (e) the attachment and assignment order was finalized on August 14, 2014 with the Defendant’s deposit account No. 3 (hereinafter “instant account”).

B. Defendant B’s loan claim 1) Defendant D Co., Ltd. (hereinafter “D”).

(1) On July 6, 2012, KRW 330,000,00 per annum, and interest rate of KRW 7.5% per annum, and interest rate of the Bank Credit Transaction Terms and Conditions (hereinafter “instant Terms and Conditions”).

(2) According to Article 3(5), a loan shall be extended at the interest rate determined by the Defendant under Article 3(5), with the maximum annual 21% and the due date fixed on July 5, 2013 (hereinafter “the first loan”).

(2) On July 6, 2012, KRW 4.11% on the basis of interest rate of KRW 356,000,000, and interest rate of delayed interest rate of KRW 4.1% on the basis of interest rate determined by the Defendant pursuant to Article 3(5) of the terms and conditions of this case, but the highest rate of KRW 21% per annum, and the due date of the loan fixed on July 6, 2013 (hereinafter “instant second loan”).

(B) Since the maturity date of the instant loan 1, January 3, 2014, and the maturity date of the instant loan 2 was changed on January 6, 2014, respectively. 2) B as to the instant loan 1, the guarantee limit was KRW 396,00,000, respectively. As to the instant loan 2, the guarantee limit was KRW 427,200,000, respectively.

3. At the time of the above loan, D and the defendant approved that the terms and conditions of this case are applied to each of the above loan agreements, and the above.