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(영문) 서울중앙지방법원 2019.01.08 2018가합542019

양수금 및 보증채무금

Text

1. The Defendants jointly and severally against the Plaintiff KRW 258,370,791 and KRW 225,59,365 among them:

A. Defendant B, Inc.

Reasons

1. Basic facts

A. The E Co., Ltd. (hereinafter “E”) entered into a loan transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) as specified in the following table 1 (hereinafter “each of the loan transaction agreements of this case”), and Defendant C and D set each of the loan transaction agreements of this case and jointly and severally guaranteed each of the loan transaction agreements of this case.

(Total) The amount of loans extended on March 31, 2010 from the date of the loan No. 608,000,000 won. The amount of loans extended on March 31, 201 for the first time to the end of the loan extended on March 31, 201 (won) shall be 81,000,0000 general loans for delay and 96,000,000 on March 31, 201; June 18, 2010; 262,00,000,000 general loans on June 13, 18, 200, 320,000,000,000 general loans, 60,0000,000 general loans on January 16, 200, 200,000 general loans [30,0000,000 general loans on March 13, 2016>

B. In order to secure a loan claim under each of the instant loan transaction agreements and a claim against the Defendant company, E set up a collateral security right No. 4 No. 1,680,000 square meters of land for F, 980 square meters and above land for a building G-dong and H-dong (hereinafter “each of the instant real estate”) owned by the Defendant Company, No. 320,000,000, No. 5 of the maximum debt amount, No. 120,000,000, respectively, and No. 6 of the maximum debt amount.

C. As the Defendant Company did not repay its obligations such as loans under each of the instant loan transaction agreements, E applied for a real estate auction on January 22, 2016, and the decision to commence the auction of real estate was made to Changwon District Court I on January 25, 201.

On the other hand, on June 29, 2016, E transferred all of the claims against the Defendant Company, which is the secured debt of the right to collateral security, including claims under each of the instant loan transaction agreements, to the Plaintiff. On June 30, 2016, E notified the Defendant Company of the assignment of claims by way of content-certified mail.

E. On July 18, 2016, the Plaintiff’s auction procedure for the said real estate.