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(영문) 대전지방법원 2014.11.19 2013가합9912
약정금
Text

1. The Defendants shall pay to each of the Plaintiff KRW 274,241,174, and KRW 272,00,000 among them, with full payment from December 20, 2013.

Reasons

1. Basic facts

A. On February 11, 2010, the Plaintiff allowed Defendant C and D (hereinafter “Defendant C, etc.”) to obtain a loan as collateral for the land and its ground buildings owned by the Plaintiff, Daejeon-dong E (hereinafter “instant real estate”). Defendant C, etc. granted a loan to Gyeonggi-do Montreal Mutual Savings Bank (hereinafter “ Gyeonggi-do Mutual Savings Bank”) regarding the instant real estate by setting the maximum debt amount of KRW 130 million with respect to the instant real estate, and used the loan by obtaining a loan from the Plaintiff on February 24, 2010. The Plaintiff drafted a loan certificate of KRW 100 million with respect to the loan (hereinafter “instant loan”).

B. On May 25, 2010, the Plaintiff again allowed Defendant C, etc. to obtain a loan of the instant real estate as security. Defendant C, etc. granted a loan to the Gyeonggi-do Montreal Mutual Savings Bank by setting the maximum debt amount of KRW 91 million with respect to the instant real estate, and used the loan. On May 31, 2010, the Plaintiff drafted a loan certificate as stated on November 30, 2010, stating the loan amount of KRW 70 million with respect to the instant real estate (hereinafter “instant second loan”) and the due date.

C. On July 13, 2012, the Plaintiff allowed Defendant C to borrow the instant real estate as collateral, and on July 19, 2012, Defendant C loaned to the Plaintiff a letter of intent to repay the instant real estate in installments by June 30, 2013 (hereinafter “each of the instant loans”) of KRW 340,000,000 in total, including the instant loans 1 and 2,000,000 won and interest 10,000,000,000,000 won (hereinafter “the instant loans”). On July 24, 2012, Defendant C loaned the instant loans to F with a maximum debt amount of KRW 15,50,000,000 with respect to the instant real estate.

On the other hand, as Defendant C et al. did not fully repay each of the loans it borrowed as collateral, the Gyeonggi Solomon Mutual Savings Bank, which is a collateral security interest, was the instant real estate.

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