대여금 청구의 소
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts
A. On August 25, 2008, 200 million won due date for payment to the Defendant B Co., Ltd. (hereinafter “Defendant Company”) on August 25, 2008 (one-time extension and November 25, 2008, 24% per annum (4 million won per annum), interest rate of 36% per annum, and overdue interest rate of 36% per annum.
(hereinafter “instant loan”: Provided, That on August 25, 2008, Switzerland remitted KRW 1.2 billion to the Defendant Company, but on the same day, it received from the Defendant Company KRW 190,80,000,000, including the monthly-paid interest of KRW 72 million.
On the other hand, at the time of the instant loan, Defendant C and D jointly and severally guaranteed the obligation to return the instant loan to the head of the Defendant Company’s office.
B. On August 14, 2008, prior to the instant lease, the office of Switzerland set up a right to collateral security of KRW 1.8 billion with respect to the share of 3,638 square meters in the Egypt 3,638 square meters in the Seoul Northern-gu Seoul Northern-gu, Seoul, which was owned by the Defendant Company, and the share of KRW 406.0439 in the aggregate claim amount, and the first floor in the building underground (hereinafter “instant real property”). As the Defendant Company did not perform the obligation to return the instant loan, it was voluntarily decided to commence the auction on April 16, 2009 with respect to the instant real property as F of the Seoul Northern Northern District Court.
On December 8, 2009, Roston transferred the instant loan claims to G, and notified the Defendant Company, the primary debtor, by content-certified mail on December 11, 2009.
G received on December 9, 2009 a transfer registration of collateral security on the grounds of transfer of contract from Switzerland, and on February 9, 2010, received dividends of KRW 1,521,917,585 in accordance with the distribution schedule established in the auction procedure for real estate rent.
C. G transferred the instant loan claim to the Plaintiff around June 2017, and Defendant, the principal debtor on June 20, 2017.