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(영문) 서울중앙지방법원 2015.04.23 2013가합563981

대여금 등 청구의 소

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 2,101,967,172 and KRW 1,989,00,000 among them. < Amended by Presidential Decree No. 24800, Nov. 12, 2013>

Reasons

1. Basic facts

A. The Plaintiff’s loan to Nonparty E and mortgage establishment 1) on June 30, 2006, the Plaintiff Company E (hereinafter “Nonindicted Company”) on June 30, 2006.

(1) a loan of KRW 500 million (hereinafter referred to as “one loan”)

2) Each of the real estates listed in the [Attachment F] List No. F, the representative director of the above company (hereinafter “instant real estate”).

(1) The establishment registration of a neighboring mortgage, the maximum debt amount of which is KRW 60 million (hereinafter referred to as “first secured mortgage”).

(2) On July 26, 2006, the Plaintiff completed the registration of creation of a mortgage (hereinafter “second-mortgage”) with the maximum debt amount of KRW 1.0 billion against the instant real estate, KRW 50 million on the same day, and KRW 39 million on September 27, 2007, respectively (hereinafter “instant loan”). The Plaintiff completed the registration of creation of a mortgage (hereinafter “second-mortgage”) with the maximum debt amount of KRW 1.4 billion against the instant real estate as the secured debt.

3) On February 27, 2007, the Plaintiff: F on February 27, 2007, KRW 300 million (hereinafter “loan 5”).

2) The lower court determined as follows: (a) as to the instant real estate, the establishment registration of a neighboring mortgage of KRW 360,000,000 for the maximum debt amount (hereinafter “third-mortgage”); and (b) as to the instant real estate, the sum of the mortgages of KRW 1 through 3

(B) The Defendant A’s purchase of the instant real estate and the contract acceptance 1) Defendant A purchased the instant real estate from F on December 3, 2009 under the condition that Defendant A takes over the secured obligation of each of the instant collateral security interests from F on December 3, 2009, and completed the registration of ownership transfer on December 11, 2009.

2) On June 11, 2010, Defendant A entered into a contract for change of the right to collateral security with the Plaintiff to change the debtor of each of the instant right to collateral security to Defendant A. On the same day, Defendant A entered into an additional agreement for change of the terms and conditions of transaction to extend the loans 1 through 3 and 5. Defendant A entered into a loan agreement for replacement on September 27, 2010 with respect to the fourth loan.

C. Meanwhile, Defendant A, while engaging in wholesale and retail business with the trade name of “G,” Defendant A.