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(영문) 서울중앙지방법원 2017.08.25 2016가합24548

대출금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 29, 2006, Defendant B changed its trade name to “Aroman Capital of a stock company” after the Capital Capital Co., Ltd. (hereinafter “Aroman Capital”) was changed, but in this judgment, the said judgment is a Capital for convenience.

492,00,000 won was loaned at the 12-month period, interest rate of 7.3% per annum, and interest rate of 19.3% per annum.

(2) At the time, the Plaintiff and Defendant C jointly and severally guaranteed the loan obligations under the loan agreement of this case against Gag Capital, which were based on the loan agreement of this case (hereinafter “the loan agreement of this case”). In order to secure the above loan obligations, the Plaintiff created a right to collateral security (hereinafter “the apartment of this case”), which is the Plaintiff’s owner, with respect to Gag Capital and Gag Capital, 639,600,000 collective security (hereinafter “the apartment of this case”).

B. As above, Defendant B repaid the Plaintiff’s secured loan amount of KRW 210,068,210 regarding the instant apartment to a new bank, out of KRW 492,00,000,000, which was loaned from Ga Capital, and the remainder of KRW 282,00,000,000 to the account of E Company in which Defendant C was the representative director.

C. On November 15, 2016, the Plaintiff offered the instant apartment as collateral and completed the repayment of the full amount of the debt amount of KRW 520,000,000 from the IBK Enterprise Bank (on October 25, 2051), and KRW 520,000,000 (on November 15, 2017, repayment date) to the Korea Asset Management Corporation that acquired the instant loan claim from the IBK Enterprise Bank, with the loan of KRW 520,00,000,000 (on November 15, 2017, the repayment of KRW 519,580,542 to the Korea Asset Management Corporation that acquired the instant loan claim from the IBK Capital.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 8, 11, 12, Eul evidence 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion is the principal debtor of the loan agreement of this case, and the defendant C is the joint and several surety of the loan agreement of this case, and the Gag Capital and the case.