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(영문) 서울중앙지방법원 2019.09.18 2016가단36759
대출금
Text

1. The defendant (Appointed Party) and the appointed party C shall be jointly and severally held within the limit of KRW 10,200,000,000, respectively.

Reasons

Basic Facts

The Appointed Co., Ltd. (hereinafter referred to as the "Appointed Co., Ltd.") is the executor of the development project of D apartment (E apartment) 4, 499, and incidental facilities (hereinafter referred to as the "instant apartment complex") in Gyeonggi-si, and A (hereinafter referred to as the "A") prior to the bankruptcy is the designated financial institution that borrowed the business funds of the instant development project to the designated party C, and was declared bankrupt on June 24, 201 by the Seoul Central District Court 201Hau72 and appointed the Plaintiff as the bankruptcy trustee on the same day.

On April 29, 2008, A entered into a credit transaction agreement with Non-Party F (hereinafter “the instant credit transaction agreement”) and entered into a credit transaction agreement with Non-Party F, 13% per annum (the annual interest rate is changed to 1% per annum), 25% per annum (the annual interest rate is changed to 13% per annum thereafter), 20% per annum (the annual interest rate is changed to 13% per annum), 208 maturity on October 29, 2008 (hereinafter “the instant loan (hereinafter “the instant loan”), Appointed C and the Defendant (the appointed party, hereinafter “the Defendant”), and Non-Party G jointly and severally provided the said loan with each guarantee limit of KRW 10.2 billion.

On the same day, A was created with regard to 130 households out of the apartment of this case in the name of A, the obligor F, the maximum debt amount of KRW 10,140,000,00 with respect to the apartment of this case in the name of A, who was selected as collateral for the claim for the instant loan

[hereinafter] The instant collateral security (hereinafter “instant collateral security”). F delayed repayment of the principal and interest of the instant loan and remains in KRW 12,078,000,443 as of January 16, 2015. Of them, the principal amount is KRW 7,737,780,000.

The Plaintiff, as a mortgagee of the instant collateral security, received dividends of KRW 5,77,374,510 on January 20, 2016 (hereinafter “stock dividends”) from the Daegu District Court HH real estate auction procedure conducted with respect to 65 households out of the said collateral security (hereinafter “the instant collateral security”), and ② during the auction procedure for the remaining 65 households out of the said collateral security, the Daegu District Court I conducted with respect to the instant 65 households out of the said collateral security (hereinafter “the second dividend”).

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