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(영문) 수원지방법원 성남지원 2018.11.09 2017가합407660
양수금 등 청구의 소
Text

1. Defendant C’s year from August 19, 201 to September 6, 2018 to KRW 52,820,202 to Plaintiff A Co., Ltd.

Reasons

1. Basic facts

A. On June 23, 2006, Defendant C entered into a loan agreement with E Co., Ltd. (hereinafter “E”) on the following terms (hereinafter “A loan agreement”) and on the same day, Defendant C entered into a joint and several guarantee agreement with Defendant C on the above loan obligations.

Credit loans: Credit account number of KRW 850,000: F Credit Date: June 23, 2006: June 23, 2006: Interest rate of 11.9% per annum (25% per annum)

B. On June 30, 201, Defendant C entered into a loan agreement with E on June 30, 201, setting the loan amount of KRW 41,000,000 (loan Account Number: G), and the loan maturity on June 30, 2012.

(hereinafter referred to as the "Second Loan Agreement" and "Second Loan", and both the First Loan and the First Loan are referred to as the "each of the instant loans".

Plaintiff

On July 6, 2011, A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) repaid the total of KRW 41,080,202 to E with the principal and interest of Defendant C’s Second Loans. On August 18, 2011, Defendant C paid KRW 11,740,000 out of Defendant C’s First Loans to E, and subrogated for KRW 52,820,202.

Plaintiff

B On September 8, 2011, as the husband of H’s representative director, the Plaintiff Company repaid KRW 354,168,345 (as of September 8, 2011, the principal amount of Defendant C’s first loan, KRW 349,138,652, and interest KRW 5,029,693) to E; from the same day, the said bank was transferred KRW 354,168,345, which it had against Defendant C; and on September 16, 2011, the Plaintiff Company notified the Defendant C of the transfer of the said credit.

E. Meanwhile, on September 8, 201, Plaintiff B received the claim for the first loan from E as above, and the said bank is not more than the right to collateral security (hereinafter “each of the instant real estate”) that was completed with the Suwon District Court Sung-nam Branch Office of Gwangju Branch on June 15, 2001 as to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in order to secure the claim for the first loan.

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