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(영문) 전주지방법원군산지원 2017.10.20 2017가합72

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 521,929,039 and the interest rate of KRW 15% per annum from March 7, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. 1) B, under the Agreement on Loan Transactions, the Gyeonggi-do Fisheries Cooperatives (hereinafter “the Fisheries Cooperatives”).

(1) On July 14, 2004, KRW 500 million (hereinafter “instant loan 1”).

) On May 2, 2008, KRW 200 million (hereinafter “instant two loans”) and each of the above loans is referred to as “each of the instant loans” when combined with each of the above loans.

(2) The Defendant assumed the obligation of each of the instant loans around June 9, 2005.

3. On the other hand, the defendant is listed in the separate sheet against the Suhyup as security for each of the loans in this case.

2. With respect to each real estate on which the indication column for the indication of the security right to the real estate (hereinafter “instant real estate”) was indicated as follows, the following: (a) the establishment of a collateral (right to collateral) was sought; and (b) the said collateral was modified as indicated in the “the details of the collateral security” stated in the same list.

(2) On July 13, 2004, the registration of the change of the right to collateral security (hereinafter “instant right to collateral security”). B changed the debtor into B on April 19, 2002, prior to receiving the loan of the instant one, the Defendant first loaned the amount of KRW 400 million from the Suhyup, and provided several funds with the maximum debt amount of KRW 520 million as to the instant real estate as security.

However, upon the Defendant’s failure to pay interest, the Suhyup borrowed the instant loan of KRW 400 million to B on condition that the Defendant repaid the said KRW 400 million, and in that process, the obligor of the previous right to collateral security was changed to B, and the Defendant was additionally established with regard to the instant real estate with a maximum claim amount of KRW 130 million.

- On June 10, 2008, the registration of change of the right to collateral security with the debtor as the defendant on June 10, 2008 (acquisition of contract on June 9, 2008) (acquisition of contract on July 13, 2004) /B of KRW 130 million on July 13, 2004 - June 10, 2008.