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(영문) 서울중앙지방법원 2018.02.01 2016가합579659
양수금
Text

1. The part of the plaintiffs' subrogation claim against defendant AE corporation is dismissed.

2. Defendant AD.

Reasons

1. Facts of recognition;

A. Defendant AD’s loan and establishment of a right to collateral security 1) Defendant AD on September 1, 2010 (hereinafter “AF association”)

() On September 1, 2013, 200 billion won due date; interest rate of 7.3% per annum; interest rate of 30 days in arrears; interest rate of 9.7% within 30 days in arrears; interest rate of 10.2% more than 30 days in arrears and less than 90 days in arrears; and interest rate of 10.7% more than 90 days in arrears (hereinafter referred to as “instant first claim”); and

In order to secure this, Defendant AE Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on August 27, 2010.

2) The land of this case (hereinafter referred to as “instant land”) owned by Sungnam-gu, Sungnam-gu.

) The above ground buildings owned by AH and AH Co., Ltd. (hereinafter “instant buildings”).

(1) As to the establishment registration of a new mortgage, Defendant AD, the maximum debt amount of KRW 5.2 billion, and the establishment registration of a new mortgage-backed property AF association (hereinafter “instant first collateral mortgage”) with respect to these real property as joint collateral.

(2) On September 1, 2010, Defendant AD guaranteed the aforementioned maximum debt amount of KRW 5.2 billion and guaranteed the above loan obligations of Defendant AD. (2) Defendant AD made a repayment period of KRW 1 billion from the AI association (hereinafter “AI association”) on April 30, 2015; KRW 7.3% per annum; KRW 9.7% per annum; KRW 30,000 per annum within 9.2% per annum within 9.2% per annum within 30,000,000 per annum 90,000 more than 90 days per annum; and KRW 10.7% per annum within 90,000 per annum (hereinafter “instant Claim 2”); and in order to secure this, Defendant AD, the joint debtor, the maximum debt amount of KRW 130,000,000,000 for the instant land and building as a collateral.

The Defendant Company guaranteed the above maximum debt amount of KRW 1.3 billion, which is the same as the above maximum debt amount, and guaranteed the above loan obligation of Defendant AD.

3 Defendant AD shall pay an additional amount of KRW 320 million from AF Partnership on April 30, 2012, with an interest rate of KRW 7.0 million on April 30, 2015.

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