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(영문) 부산지방법원 2016.08.16 2016가단16517
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 70,000,000 and KRW 40,000 among them, from October 11, 2015 to 30.

Reasons

1. The Plaintiff, in the absence of dispute between the parties, lent the land to Defendant B as follows, and received the land and buildings of Jinju from Defendant B as security, and Defendant C jointly and severally guaranteed each of the above loans.

The provisional registration of ownership transfer claim amounting to KRW 25% per annum on October 10, 2015, which was 40,000,000 on April 10, 2015, which was 25% annually registered as the establishment of a mortgage on October 10, 2015, and KRW 30,000,000 on May 22, 2015.

2. Determination

A. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff interest or delay damages at the rate of 25% per annum from October 11, 2015 to August 22, 2015 with respect to KRW 40,000,000 among them, and KRW 30,000,000 per annum from August 22, 2015 to each full payment.

B. The Defendants asserted that the registration of the establishment of the neighboring mortgage and the provisional registration of the collateral offered as security should be made simultaneously with the withdrawal of the application for the auction of the real estate filed by the Plaintiff regarding the Plaintiff’s loan claim, but the cancellation of the registration of the establishment of the neighboring mortgage and the provisional registration of the collateral security can be claimed after the repayment of the secured debt. Therefore, the Defendants

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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