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(영문) 서울고등법원 2018.09.11 2018나8981
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff succeeding intervenor's claims against the defendants are all dismissed.

3. Action.

Reasons

1. Basic facts

A. On May 22, 2009, the Gyeonggi Mutual Savings Bank Co., Ltd. (hereinafter “Game Mutual Savings Bank”) extended a loan (hereinafter “instant loan”) to Defendant A Co., Ltd. (hereinafter “Defendant A”) at an annual interest rate of 11%, annual interest rate of 23% per annum, annual interest rate of 23% per annum, and due date of payment on May 22, 2010 (hereinafter “instant first loan”). On September 18, 2009, KRW 11% per annum, annual interest rate of 2,500,000,000 per annum, annual interest rate of 23% per annum, and due date of payment on September 18, 2010.

B. On May 22, 2009, in order to secure the debt of the instant loan, the registration of the establishment of a neighboring mortgage-backed mutual savings bank and the maximum debt amount (hereinafter “instant first collateral mortgage”) with the mortgagee at KRW 11,200,000,000 in order to secure the debt of the instant loan, the registration of the establishment of a mortgage-backed securities company (hereinafter “instant first collateral mortgage”) was completed on September 18, 2009, with the mortgagee’s mutual savings bank and the maximum debt amount at KRW 3,50,000,000 in order to secure the debt of the instant second loan (hereinafter “the instant second collateral mortgage”).

C. On May 22, 2009, Defendant B, a director of Defendant A, set the limit of KRW 11,200,000 for the obligations of the instant loan No. 1 to the Gyeonggi Mutual Savings Bank, and set the limit of KRW 3,500,000 for the obligations of the instant loan No. 2 on September 18, 2009 as joint and several sureties.

On June 29, 2010, the Gyeonggi Mutual Savings Bank transferred to the Korea Asset Management Corporation each of the instant loans against Defendant A (hereinafter “the instant loans”). The Gyeonggi Mutual Savings Bank notified the Defendants of the assignment of the foregoing assignment, and around that time, issued the notice to the Defendants.

E. On August 27, 2010, the Korea Asset Management Corporation filed an application for voluntary auction on the instant land ( Jeju District Court D) and followed.

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