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(영문) 서울중앙지방법원 2015.05.29 2014가단5016794

대여금

Text

1. Defendant A and B jointly pay KRW 409,251,137 to the Plaintiff.

2. The plaintiff's defendant C.

Reasons

1. Facts of recognition;

A. On August 17, 2006, the Plaintiff entered into two credit transaction agreements with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) and carried out a general loan (hereinafter “instant loan”).

B. D and Defendant B jointly and severally guaranteed the principal and interest of this case’s loan and set up a collateral security in the name of the Plaintiff with respect to each real estate owned as a physical security, and Defendant C jointly and severally guaranteed the principal and interest of this case’s loan.

C. On October 24, 2008, the date of distribution of the auction procedure for real estate rent as a mortgagee on the real estate owned by Defendant B, the Plaintiff applied for an auction for real estate rent to Seoul Eastern District Court E, and accordingly, received dividends of KRW 3,328,332,832 (excluding execution expenses) from the mortgagee, and appropriated the dividends of KRW 47,150 on November 17, 2008, and appropriated the payment of the principal and interest of the first loan to repay the principal and interest of the loan, and then appropriated the amount of KRW 57,490 on April 21, 201 for the repayment of the principal and interest of the first loan.

On February 5, 2009, which was the date of distribution of the auction procedure for real estate rent, the Plaintiff applied for the auction of real estate rent as F with the Seoul Southern District Court F, and received dividends of KRW 242,064,941 (excluding execution expenses) as a mortgagee on February 5, 2009, and appropriated the amount of the second loan principal and interest on September 29, 201, to repay the principal and interest on the second loan debt, and then appropriated the refund of KRW 42,477 on September 29, 201.

E. As of August 21, 2013, according to each credit transaction agreement with the Plaintiff of the Defendant Company as of August 21, 2013, the following [the table] amount payable: KRW 409,251,137 (No. 1 loan 402,085,389 KRW 2 loan 7,165,748).

[ table] The details of accounts payable at the interest rate of the year-end loan 3 billion won on August 17, 2008 (21%) 402,085,389 won at the ordinary interest rate of 44,93,990 won at the interest rate of 10,547,519 won at the interest rate of 10,543,880 won at the interest rate of 346,543,80 won at the interest rate of 346,543,80 won at the interest rate of 190,000 won (21%) at the interest rate of 3 billion won on August 17, 2008.