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(영문) 광주지방법원장흥지원 2014.01.14 2013가합18
어음금
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant C jointly form the Plaintiff (Counterclaim Defendant) to KRW 94,33,333, and the amount pertaining thereto.

Reasons

1. Basic facts

A. A. A claim and obligation (1) between the Plaintiff and D had registered the creation of a mortgage (hereinafter “the mortgage of this case”) as to each real estate listed in the separate sheet as security (hereinafter “each real estate of this case”) around September 2003 with the interest rate of KRW 300 million to D and E, and the due date on September 30, 2004 (hereinafter “first loan”) and each real estate listed in the separate sheet as security. Meanwhile, on March 31, 2005, the Plaintiff, D and E entrusted a notary public to the Mapo-dong Office, entrusted the said Mapo-dong Office to pay KRW 300 million to the Plaintiff for the first loan, and completed a notarial deed on September 30, 2005 with the interest rate of KRW 20,000,000,000,0000,000,0000,000,000 won and 20,000,000 won.

B. On February 21, 2011, Defendant B, who is the children of Defendant B’s subrogation and assignment agreement of mortgage claim (1) concluded between the Plaintiff and the Plaintiff on February 21, 201, the sum of KRW 400 million to the Plaintiff, KRW 100 million to the Plaintiff on February 28, 2011, KRW 200 million on March 31, 201, and KRW 100 million on May 31, 201, shall be paid in installments, and in the event of nonperformance by Defendant B, the amount of interest shall be paid by adding 20% per annum to the principal amount.

(2) Under the instant subrogation agreement, Defendant B paid to the Plaintiff a total of KRW 300 million on February 28, 201 and KRW 200 million on March 31, 201 pursuant to the subrogation agreement.

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