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(영문) 전주지방법원 2020.02.13 2017가합1003

손해배상(기)

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1. The Defendants jointly share KRW 250,000,000 to the Plaintiffs, and Defendant E-Unions with regard thereto from September 24, 2015 to March 2017.

Reasons

1. The Plaintiffs jointly lent KRW 250 million to Defendant F on September 24, 2015 at the interest rate of KRW 24% per annum and the due date of repayment on September 23, 2016, as there is no dispute between the parties. Defendant F is liable to pay the Plaintiffs the amount of KRW 250 million per annum and KRW 24% per annum from September 24, 2015 to the date of full payment.

2. Determination as to the claim against Defendant E

A. Defendant E lent money to Defendant F. On September 10, 2007, for the purpose of securing the repayment of the loan claims with G and the loan claims, Defendant E concluded a contract to establish a mortgage on the same day with respect to H No. 1938 square meters (hereinafter “the building site prior to the instant partition”) and I reply 318 square meters (hereinafter “the building site prior to the instant division”), with the maximum debt amount of KRW 4550,500,000,000 with the debtor F, and completed the registration of the establishment of a mortgage on the same day.

(B) On August 26, 2009, the instant building site prior to the instant partition was divided into a building site of H 985 square meters and J 953 square meters (hereinafter the above I No. 318 square meters and J 953 square meters, respectively) and was divided into “the instant real estate.”

() On August 27, 2009, the divided H field 985 square meters was changed to the site (hereinafter “instant building site”), and the land category was changed to the site (hereinafter “H large 985 square meters”).

(C) On September 3, 2009, G newly constructed 80.81 square meters on the instant building site, the light steel structure board, detached house, roof, etc. (hereinafter “instant building”). On the same day, G entered into an additional mortgage creation agreement with Defendant E to add the instant building as a joint collateral for the instant first mortgage, and completed the registration of establishment thereof.

2) On September 3, 2009, Defendant E entered into a mortgage agreement with G and the instant real estate, the instant building site, and the instant building, with the maximum debt amount of KRW 66.5 million, and with K as to the obligor. On the same day, Defendant E obtained the registration of creation of a mortgage from G (hereinafter “instant second mortgage”).