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(영문) 서울중앙지방법원 2015.06.18 2013가합548845

양수금

Text

1. The Plaintiff:

A. The defendant corporation, Donghae-do Tourist Hotel Co., Ltd. shall be KRW 4,060,493,147 and KRW 500,000 among them.

Reasons

1. Basic facts

A. On November 18, 1996, Defendant Dong Sealand Tourist Hotel Co., Ltd. (hereinafter “Defendant Co., Ltd.”) established a right to collateral security at KRW 500,00,000 from Korea Housing and Commercial Bank (hereinafter “Korea Housing and Commercial Bank”) Co., Ltd. (hereinafter “Korea Housing and Commercial Bank”), with an agreement at a rate of 14.5% per annum, and obtained a loan (hereinafter “first loan”) with an agreement at a rate of 14.5% per annum, and established a right to collateral security at a rate of KRW 396-18,252 square meters per Dong-dong, Dong Sea-si, which is owned by the Defendant Co., Ltd., Ltd., and at this time, Defendant A and Defendant B guaranteed the principal and interest obligation of Defendant Co., Ltd. with an amount of KRW 650,000,000.

In addition, on November 18, 1996, the defendant company entered into a bill transaction agreement with the non-party bank as of November 18, 1997, and received a loan of KRW 500 million (hereinafter "second loan"). In this case, the defendant A and the defendant B provided a collateral guarantee up to KRW 650 million with respect to the above principal and interest obligation of the defendant company.

B. Meanwhile, in May 197, when the Defendant Company failed to pay local taxes, such as acquisition tax, the Defendant Company issued a decision to commence a public auction on the above site and tourist hotel buildings owned by the Defendant Company, and on July 13, 1998, the successful bid price was distributed to the creditors on July 13, 1998, and both were distributed to the wage creditors, the East Sea and the Korea Assets Management Corporation, a senior mortgagee, and did not fully distribute to the Nonparty

C. At the time of each of the above loans, the non-party bank and the Defendants agreed to compensate for damages arising from each of the above loans, as prescribed by the non-party bank. The overdue interest rate set by the non-party bank is

(1) Loans 1: 25% per annum from September 16, 1998 to October 11, 1998; 22% per annum from October 12, 1998 to January 25, 199; 19% per annum from January 26, 1999; 24% per annum from September 16, 1998 to October 11, 1998; and 21% per annum from October 12, 1998 to January 25, 199; and 18% per annum from January 26, 1999.