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(영문) 서울중앙지방법원 2017.10.19 2017가합516983

구상금

Text

1. The Defendant’s KRW 427,757,470 among the Plaintiff and KRW 376,963,284 among the Plaintiff, shall be from March 5, 2007, and KRW 50,794,186.

Reasons

1. Basic facts

A. On February 20, 2003, B completed the registration of ownership transfer with respect to the Plaintiff’s share of 8,264/16,552 shares among the land listed in paragraph (1) of the annexed Table No. 1 (hereinafter “instant land”), with respect to C, as to the share of 4,959/16,552 shares, D with respect to shares of 1,653/16,552 shares, and the Defendant completed the registration of ownership transfer with respect to shares of 1,676/16,552 shares. On the same day, B completed the registration of ownership transfer with respect to the building listed in paragraph (2) of the annexed Table No. 2 (hereinafter “instant building”).

B. 1) The Plaintiff on February 20, 2003 (hereinafter “Mediation Bank”)

(2) The loan was made by setting 6% per annum interest rate and 17% per annum interest rate and 5 billion won per annum (hereinafter “instant loan”).

(2) Of the buildings newly constructed on the land of this case on February 20, 2003, the Suwon District Court's Suwon District Court's registry office of 21688 on the whole and buildings of this case, including the Plaintiff, C, D, and Defendant's shares, C completed the registration of creation of a mortgage on the part of the debtor, the Plaintiff, and the Plaintiff of the right to collateral security (hereinafter referred to as "the warehouse building of this case") as indicated in paragraph (3) of the attached Table No. 3 (hereinafter referred to as "the warehouse building of this case") newly constructed on the land of this case, C, D, and the Defendant completed the registration of initial ownership on June 1, 2004 on the whole of the warehouse building of this case, as the maximum debt amount was 6,50,000,000,000,0000,0000 won, and the registration of establishment of a mortgage on the whole warehouse of this case was completed on February 21, 2005.

As a result, all of the instant land, buildings, and warehouse buildings became joint collateral for the Plaintiff’s obligation for loans under the foregoing paragraph (1) (hereinafter collectively referred to as “instant collateral security”) (hereinafter referred to as “instant collateral security”).

(c) C. C. and D (hereinafter referred to as “C, etc.” in the case of the foregoing two names.

I, on November 4, 2005, interest 109,429,911 won on the obligations of the loans of this case on November 4, 2005, and the loans of this case on November 29, 2005.