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(영문) 서울북부지방법원 2020.09.01 2019가단116938
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 61,312,81 and KRW 33,085,284 among them.

Reasons

1. Basic facts

A. The 1) The E Co., Ltd. (hereinafter “E”) is a loan contract and joint and several sureties contract.

(C) Defendant C Co., Ltd (hereinafter “C”) on May 28, 2010

() A contract was concluded to lend KRW 150,000,00 for a credit period of 12 months, interest rate CD-dong rate of 4.05% per annum, interest rate of less than three months, 17% per annum of less than three months, and 19% per annum of not less than three months, and to pay the loan on May 31, 2010. Defendant D jointly and severally guaranteed Defendant C’s loan obligations with the maximum guarantee amount of KRW 180,00,000 for E on May 28, 2010, with the maximum guarantee amount of KRW 180,000, and on May 31, 2010, concluded a collective security agreement to set up a maximum debt amount of KRW 180,000 with respect to G subparagraph of a multi-household house on its own land (hereinafter “instant loan agreement”). The registration was completed (hereinafter “instant loan agreement”).

(2) On May 31, 2012, E received repayment of KRW 15,00,000 out of the loans under the instant loan contract and extended the transaction period by setting the interest rate of KRW 135,00,000 as a fixed interest rate loan (96%) and the time limit on May 30, 2013.

B. Since February 28, 2013, E’s exercise of the right to collateral security and assignment of claims 1) upon delay in the payment of interest under the instant loan agreement, upon taking measures for the loss of interest on May 29, 2013, E applied for a set-off of the principal and interest of Defendant C’s periodical deposit deposit amounting to KRW 4,500,00,00. 2) On June 11, 2013, E applied for the auction of real estate rent to Seoul Northern District Court I, and thereafter, on September 30, 2013, J Limited Company (hereinafter “J”) transferred the principal and interest of KRW 134,939,684 as of July 15, 2013 as of the instant loan agreement and the legal deferred loan deposit amounting to KRW 2,856,80,00 as of July 15, 2013.

(K) On March 28, 2013, L, a trust company, purchases claims under the loan agreement of this case from E and J established by L again purchase them). Since then, J shall have the claims under the loan agreement of this case in the above auction procedure.

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