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Reasons
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(영문) 서울중앙지방법원 2017.01.10 2015가단181812
대여금
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1. The Defendants jointly and severally pay to the Plaintiff KRW 1,528,466,140 and KRW 322,344,90 among them.

Reasons

1. Facts of recognition;

A. On November 16, 2006, under Defendant B’s joint and several sureties, the Plaintiff entered into a transaction agreement on discount notes (hereinafter “instant loan agreement”) with Defendant A (hereinafter “A”) on a set of a discount rate of credit item: (a) KRW 5 billion on May 16, 2007; (b) interest rate of KRW 10% per annum; and (c) interest rate of KRW 25% per annum; and (d) pursuant to the said agreement, on November 16, 2016, the Plaintiff loaned KRW 5 billion to Defendant A (hereinafter “instant loan”).

B. On February 2009, Defendant A did not pay the instant loan, and the Plaintiff filed an application for voluntary auction (hereinafter “instant auction procedure”) with respect to 102 and 13 real estate owned by Defendant A, which was offered as security for the instant loan. On February 11, 2009, the Daejeon District Court rendered a decision of voluntary decision of commencement on February 11, 2009. The registration of the decision of voluntary commencement of auction was made on the same day (hereinafter “registration of the decision of voluntary commencement of auction”).

C. B. The auction procedure of this case

On March 19, 2010, among the real estate stated in paragraph (1), the sale was made in the future E on March 19, 2010, and the registration of the decision on voluntary commencement of auction of this case was cancelled at the same time on the same date on the grounds of the above sale, and the registration of the decision on voluntary commencement of auction of this case was cancelled. Other real estate was sold before June 4, 201, and accordingly the registration of the decision on voluntary commencement of auction of this case was cancelled accordingly.

In the instant auction procedure, on June 4, 2011, the distribution schedule was prepared to distribute the amount of KRW 2,079,091,198 to the Plaintiff out of KRW 3,256,438,355, which is 64.85% of the amount of the claim for distribution.

As of May 12, 2015, the principal of the instant loan is KRW 322,344,904; and the principal of the instant loan is KRW 1,528,46,140,00 in total, KRW 1,206,121,236.

Grounds for recognition: Facts without dispute, entries in Gap 1 through 6, the whole pleadings.

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