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(영문) 서울중앙지방법원 2016.10.13 2015가단103973

대출금

Text

1. The Defendant (Appointed Party) and the designated parties jointly pay the Plaintiff KRW 600,000,000.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Selection Co., Ltd. (hereinafter “Appointed Co., Ltd.”) is an executor of the development project for 4, 499 households and ancillary facilities (hereinafter “instant apartment”) in Busan Metropolitan City (hereinafter “instant development project”), and Samsung Mutual Savings Bank, Inc. (hereinafter “SIB”) prior to bankruptcy, was a financial institution that loaned the business funds of the instant development project to the designated company, and was appointed as the Plaintiff on June 24, 201 by the Seoul Central District Court Decision 201Hau72, Jun. 24, 2011.

B. On July 21, 2008, the non-party bank entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with D on July 21, 2008, and 7.3 billion won at the interest rate of 13% per annum (the rate shall be changed to 1.3% per annum thereafter), 25% per annum (the rate shall be changed to 13% per annum thereafter), 20% per annum (the rate shall be changed to 13% per annum), 21 January 21, 2009 with maturity (hereinafter “instant loan”), and the designated company, the Defendant (the appointed party, the Defendant (hereinafter “the Defendant”), and E jointly and severally guaranteed the above loan obligations.

(The amount of guarantee limit of the appointed company and the defendant is KRW 9.5 billion, and the amount of guarantee limit of the selected person E is KRW 9.49 billion).

In order to secure the claim for the loan of this case, the non-party bank completed the registration of establishment of the right to collateral security with respect to the real estate of 101 Dong 121, among the apartment of this case on the same day, which consists of the bank of the non-party to the right to collateral security, D, and the maximum debt amount of

(hereinafter “instant collateral security”). D.

The Plaintiff, as a mortgagee of the instant collateral security, (1) KRW 5,068,906,842, Oct. 10, 2015, which was conducted with respect to 59 households among the instant collateral security real estate (hereinafter “stock dividend”) and KRW 2, the Daegu District Court’s GD on June 21, 2016, which was conducted with respect to 53 households among the said collateral real estate, in the auction procedure for the said collateral real estate (hereinafter “stock dividend”).