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(영문) 서울중앙지방법원 2016.10.19 2016가단74737

대여금

Text

1. Defendant B and C shall jointly and severally serve as KRW 100,000,000 for the Plaintiff and the Defendant from August 31, 2012.

Reasons

1. Basic facts

A. On July 30, 2012, the Plaintiff registered a credit business with the name of “E”, and leased KRW 4,947,00 to Defendant B Co., Ltd. (hereinafter “Defendant B”) at the maturity rate of KRW 39% per annum on August 31, 2012. Defendant C and D set the maximum amount of KRW 51,00,00 as the guaranteed obligation, and jointly and severally guaranteed the Defendant B on August 1, 2012; ② on October 19, 2012, the amount of KRW 889,72,00 as the annual interest rate of KRW 39% was set and lent to Defendant B as the guaranteed obligation; and ③ on August 1, 2012, the Defendant C loaned the said obligation to Defendant B at the maturity rate of KRW 8,722,000 as the guaranteed obligation; and the Defendant C loaned the obligation to Defendant C at the annual interest rate of KRW 39% per annum.

B. On August 3, 2012, Defendant D completed the registration of creation of a mortgage with the amount of KRW 50 million against the Plaintiff, the debtor, the Defendant B, and the maximum debt amount on August 3, 2012, with respect to the third floor F No. 302 (hereinafter “instant building”) owned by Defendant D, in order to secure the obligation described in the foregoing paragraph (a) (i).

C. On November 12, 2012, the Plaintiff increased the maximum amount of the guaranteed debt to Defendant D with respect to the guarantee of the loan agreement indicated in the foregoing paragraph (a) (i) to KRW 71.4 million, and the Plaintiff additionally guaranteed Defendant D’s husband’s debt, and the additional joint and several liability was changed to KRW 71.4 million on November 14, 2012.

On November 12, 2012, the Plaintiff lent KRW 20 million to G as six months, interest rate of KRW 1% per annum, and overdue interest rate of KRW 24% per annum. Defendant D entered into a joint and several surety agreement with respect to KRW 10 million among them. On November 14, 2012, the registration of the establishment of a mortgage was completed with regard to the instant building with the mortgagee as the Plaintiff, debtor G, and maximum debt amount of KRW 12 million.

E. In the auction procedure following H voluntarily auction of the Seoul Southern District Court for the instant building filed by the Plaintiff, the Plaintiff received KRW 76,246,850 as the third-class mortgagee, and the instant case.