beta
(영문) 서울중앙지방법원 2019.11.29 2019가단5035165

대여금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 49,974,828 and as a result, from January 24, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. On December 23, 2008, Defendant C obtained a loan of KRW 100,000,000 (comprehensive passbook loan) from E Bank (F Bank: hereinafter “E”) at the rate of 11.5% per annum, 22% per annum, 22% per annum, and 23 December 23, 2009.

On December 23, 2008, in order to secure the above loan obligations, Defendant C entered into a mortgage-backed contract with respect to the land of 130,000,000 won with respect to the maximum debt amount, Defendant C and the mortgagee E with respect to the land of 330.7 square meters and its ground (hereinafter “instant land”; and the building of hereinafter “instant building”) on the same day.

Defendant C and E extended the maturity of the above loan by one year, and extended the maturity on December 23, 2012 to December 23, 2013, and added Defendant D as a joint guarantor.

In order to substitute the maturity of the above loan, Defendant C obtained a loan of KRW 100,000,000 from E on December 23, 2013 at interest rate of 11.5% per annum, at 23.5% per annum, and at 23.5% per annum, and at the due date of repayment on December 23, 2014.

B. Defendant C obtained a loan of KRW 10,00,000 (general loan) from E on April 27, 201, with the interest rate of KRW 500,000 per annum and the due date of repayment as of April 27, 2014; Defendant C obtained a loan of KRW 12% per annum on August 26, 201, with the interest rate of KRW 300,000,000 (general loan) and the due date of payment as of August 26, 2014.

On April 26, 2011, Defendant C and Seocho-gu Seoul Metropolitan Government H apartment No. 8 (hereinafter “instant apartment”) concluded a mortgage contract with the maximum debt amount of KRW 1,040,000,000 with respect to each of the above loan obligations, and the debtor C and the mortgagee E entered into a mortgage contract with the debtor C and the mortgagee E on April 27, 201, and completed a mortgage registration with respect to the above real estate on April 27, 2011.

On December 12, 2012, Defendant C entered into a contract to change the maximum debt amount to KRW 440,000,000 with respect to the registration of creation of a mortgage, and completed the registration of change of the right to collateral security on December 13, 2012.

Defendant C may extend the maturity of each of the above loans from September 26, 2013 to 254,00.