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(영문) 서울중앙지방법원 2019.08.28 2019가합41452

대여금 등 청구의 소

Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) starting January 2, 2019 for KRW 373,532,356 and for KRW 359,796,532 among them.

Reasons

1. Basic facts

A. On April 9, 2015, the Plaintiff entered into a loan agreement with the Defendant Company, ① a loan agreement with a maximum amount of KRW 270,00,000 (hereinafter “instant loan agreement”); ② a loan agreement with a maximum amount of KRW 100,000 (hereinafter “instant loan agreement”); and ③ a loan agreement with a maximum amount of KRW 300,000 (credit limit) on October 12, 2015 (hereinafter “instant third loan agreement”); and separately, concluded a credit card transaction agreement (hereinafter “the instant credit card transaction agreement”).

B. Defendant B, the representative of the Defendant Company, was jointly and severally and severally guaranteed the Defendant Company’s obligation to the Plaintiff pursuant to the instant loan agreement and the credit card transaction agreement. KRW 324,00,000 for the instant loan agreement, KRW 120,000 for the instant loan agreement, and KRW 26,000 for the instant credit card transaction agreement, respectively.

C. On April 24, 2018, Defendant B concluded a mortgage agreement with Defendant C on the attached real estate (hereinafter “instant real estate”) as to the maximum debt amount of KRW 50,00,00,00 with respect to the attached property owned by Defendant C and himself, and as to the Defendant C on the ground of the said mortgage agreement, Defendant C completed the registration of establishment of a mortgage on April 24, 2018 as Seoul Western District Court Seodaemun-gu Branch Registry No. 12936, Apr. 24, 2018.

On April 24, 2018, Defendant B concluded a mortgage agreement with Defendant D with the maximum debt amount of KRW 250,00,000, the debtor, Defendant B, and the mortgagee D with respect to the instant real estate (hereinafter “mortgage agreement”). Defendant D based on the said mortgage agreement, the Seoul Western District Court’s Seodaemun Registry, received on April 24, 2018, as the receipt of the said agreement.