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(영문) 서울중앙지방법원 2017.01.19 2015가단5313171
구상금
Text

1. The Plaintiff:

A. For Defendant A: 345,544,749 won and 344,36,588 won among them:

B. Defendant B is Defendant A.

Reasons

1. Determination as to the claim against Defendant A and B

A. Indication of Claim: The description of the aforementioned Defendants’ corresponding part as the ground for the attached claim is as stated in the attached Form.

(b) Judgment on deemed confession (Article 208 (3) 1 and Article 257 (1) of the Civil Procedure Act);

C. In accordance with the amendment of the Regulations on Legal Interest Rate of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, dismissed parts shall be calculated at the rate of 15% per annum on the damages for delay from the day after the last delivery of the copy of the complaint of this case, and the Plaintiff’s damages for delay exceeding the above recognition

2. Determination as to the claim against the defendant Compacter Co., Ltd.

A. The facts subsequent to the fact-finding can be acknowledged by either party or by adding to the whole purport of the pleadings as a result of the fact-finding by this court on the Korea Land and Housing Corporation, the following facts are either no dispute between the parties, or evidence Nos. 8-1, 2-9 through 22, and No. 2 and 3.

1) Defendant Digital Insane Co., Ltd. (hereinafter “Insane”)

(2) From February 6, 2003, Defendant A has traded with Defendant A (mutual name): (a) on September 25, 2014, with respect to each of the lands listed in the attached list (hereinafter “each of the lands in this case”) on the part of Defendant B, in order to secure the obligation of Defendant B, Defendant A entered into a mortgage agreement with Defendant B (hereinafter “instant mortgage agreement”) with regard to the mortgagee and the maximum debt amount as KRW 100 million (hereinafter “each of the lands in this case”); and (b) on the same day, Section 2-B of the attached list.

The registration entered in the subsection (hereinafter “instant registration”) has been completed.

3) On February 16, 2015, Defendant A lost the benefit of time for each of the loans listed in Section 1. A of the Attached Table 1. The Plaintiff subrogated each of the above loans on April 28, 2015. Defendant A filed an application for rehabilitation with the Seoul Central District Court 2015dan10039 on March 3, 2015, but the rehabilitation procedure was decided on March 30, 2015, but the rehabilitation plan was proposed at the meeting of interested persons.

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