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(영문) 서울중앙지방법원 2017.03.23 2015가합14780

구상금

Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 20,942,388, and each of them, from April 27, 2016 to March 2017.

Reasons

1. Facts of recognition;

A. On May 3, 2007, Defendant B entered into a credit transaction agreement between the Defendants and the above community credit cooperatives, setting the loans of KRW 230,00,000,000, the date of loan commencement as June 19, 2007, the expiration date as June 19, 2010, the interest rate of KRW 7.0% per annum, and the delay compensation rate of KRW 20% per annum. In order to secure the above loan obligations, Defendant B entered into a credit transaction agreement with the above community credit cooperatives, and entered into a credit transaction agreement with the Plaintiff at the rate of 20% per annum per annum, Seocho-gu Seoul Metropolitan Government D-280.5 square meters and its ground buildings owned by the Plaintiff

With regard to the maximum debt amount of KRW 322,00,000, the collateral security was established on June 14, 2007 by Seoul Central District Court No. 36856, Dec. 16, 2008. (2) Defendant C concluded a credit transaction agreement with the above community credit cooperative on December 26, 2008, setting the loan amount of KRW 90,000,000,000, and the date of loan commencement as December 26, 2008, the expiry date of December 26, 201, at interest rate of KRW 8.2% per annum, and at interest rate of KRW 20,000 per annum, with respect to each of the instant real estate in order to secure the above loan obligation, the collateral security was established as the Seoul Central District Court No. 61294, Dec. 24, 2008.

B. On April 3, 2015, the Plaintiff, as a surety, subrogated the Defendants’ respective principal and interest of loan and auction expenses as follows. On April 3, 2015, the Plaintiff acquired a collateral security claim against each of the instant real estate from the above community credit cooperatives.

The principal and interest of KRW 3,540,00 for auction expenses from July 9, 2012 to November 3, 2013, 2013, including interest of KRW 2,809,78 for auction expenses and delay damages of KRW 55,218,890 for the period from July 9, 2012 to November 24, 2013, the principal and interest of KRW 282,918,90 for the period from April 3, 2015 and interest of KRW 52,918,90 for the payment of the principal and interest of KRW 52,918,90 for the period from November 25, 2013, including interest of KRW 1,09,482 for the auction expenses and delay damages of KRW 16,616,460 for the period from July 1, 2013 to KRW 30 for the repayment of principal and interest of KRW 370,705.15.

C. On the other hand, the details of dividends are in the auction procedure on each real estate of this case.