beta
(영문) 서울중앙지방법원 2016.03.09 2015가합553544

청구이의

Text

1. The intermediate confirmation of this case shall be dismissed.

2. The plaintiff (the intermediate confirmation plaintiff)'s main claim is dismissed.

3...

Reasons

1. Basic facts

A. On March 31, 2014, the Plaintiff was a corporation with the aim of alternative energy-related business, and its trade name was changed from “stock company B” to “C,” and from “C,” on May 26, 2015 to “C,” respectively.

Nonparty D is a person who served as the representative director of the Plaintiff from January 15, 2014 to June 19, 2015.

The defendant is a juristic person whose purpose is credit and collateral loan brokerage business.

B. On August 12, 2014, the Plaintiff (the Plaintiff’s trade name at the time was “C”) borrowed KRW 552,307,212 from the Defendant (the interest rate of KRW 34.5% per annum) and entered into a monetary loan agreement to repay that amount until the 18th day of the same month (hereinafter “instant monetary loan agreement”).

In addition, on the same day, the Plaintiff and the Defendant issued the No. 95 of the monetary loan contract of this case (hereinafter “notarial deed of this case”) by a notary public as the No. 2014, by adding to the content of the monetary loan contract of this case, the content that “if the Plaintiff fails to perform his monetary obligation under the monetary loan contract of this case, the Defendant may enforce execution on the basis of the above claim”.

C. On March 12, 2015, the Plaintiff failed to perform the obligation under the instant monetary loan agreement. Accordingly, on March 12, 2015, the Defendant requested the Seoul Central District Court to seize and collect the Plaintiff’s claim to return the lease deposit, and received the Seoul Central District Court’s order of acceptance as the Seoul Central District Court 2015TTT 6814.

In addition, on August 3, 2015, the defendant applied for a compulsory auction on the land E and the ground building E owned by the plaintiff to the Changwon District Court in the Changwon District Court for a compulsory auction on August 3, 2015, the same month.

4. Although the Changwon District Court was decided to commence compulsory auction as Masan BranchF, the letter of withdrawal of auction was submitted on August 5, 2015.

On August 6, 2015, the defendant is based on the notarial deed of this case to the Seoul Central District Court.