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(영문) 서울서부지방법원 2018.12.12 2017가합1547

손해배상(기)

Text

1. The defendant shall pay to the plaintiff KRW 322,32,838 and KRW 135,194,90 among them, from August 21, 2008; KRW 38,100,000.

Reasons

Facts of recognition

On January 26, 2006, the Defendant borrowed KRW 200 million from C as of March 26, 2006 and interest rate of KRW 3% (hereinafter “the loan of this case”), and the Plaintiff jointly and severally guaranteed the Defendant’s above loan of this case.

On January 27, 2006, the defendant and "the defendant agreed to the purport that the amount of the above loan shall be KRW 250,000,000,000,000, which shall be paid to the plaintiff as a joint and several surety and the plaintiff would have been paid as a sum of KRW 212,00,000 and KRW 40,000,00,000, which will be paid by the plaintiff as a loan for the repayment. In this case, the interest shall be calculated from June 1, 2006 to 3% each month (hereinafter referred to as KRW 7,560,00).

(hereinafter referred to as the “instant agreement”). On January 27, 2006, the Defendant completed the registration of creation of a joint collateral security (hereinafter referred to as the “instant collateral security”) of KRW 300 million with respect to the above ground building (hereinafter referred to as the “instant real estate”) on March 22, 2006, as to the ground building owned by the Defendant, Ansan-si, Ansan-si, Seoul-si, Seoul-si, Seoul-si, which was owned by the Defendant on January 27, 2006, with a view to securing the instant loan obligation.

From July 3, 2006 to December 9, 2006, the Plaintiff paid C KRW 46,000,000 as interest on the instant loan.

The Plaintiff borrowed KRW 200 million from F and repaid the instant loan to C, and the instant collateral security was transferred to F in order to secure the said F’s debt.

From January 16, 2007 to February 14, 2008, the Plaintiff paid 89,194,900 won in total as interest of KRW 200 million borrowed from F.

Afterwards, the Plaintiff borrowed KRW 300 million from G to repay the above borrowed money to F, and repaid the above borrowed money to F. The instant mortgage was transferred to G in order to secure the debt of the borrowed money to the said G.

On June 12, 2007, the Suwon District Court rendered a decision of compulsory commencement of auction on the instant real estate, and H, hereinafter referred to as "Y insan Branch of Suwon District Court."