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(영문) 서울중앙지방법원 2019.10.11 2019가합41216
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The instant lending and the establishment of the right to collateral security (1) A (hereinafter “A”)

Defendant B Co., Ltd. (hereinafter “Defendant B”) on November 20, 2008

A) On May 20, 2009, 3.4 billion won was due for repayment, 12% per annum, and 23% per annum, and thereafter, around May 2009, the repayment period for the above loan was changed to 11% per annum on November 20, 2009 (hereinafter “instant loan”).

(2) Around November 208, 2008, Defendant D entered into a comprehensive collateral guarantee agreement with each of the following parties: (a) around May 20, 2009; and (b) around May 20, 2009: (c) KRW 5.1 billion as the guarantee limit; and (d) around May 20, Defendant C entered into a comprehensive collateral guarantee agreement

3) A on November 21, 2008, in order to secure the instant loan claims, the land and its ground buildings (hereinafter “instant real estate”) with E and 14 parcels owned by Defendant B on November 21, 2008.

As to the maximum debt amount of KRW 5,100,000,000, the first priority mortgage was created (hereinafter “instant right to collateral security”).

B. (1) On November 3, 2009, A transferred part of the instant loan claims to F Co., Ltd. (hereinafter “F”) on November 3, 2009, and completed the supplementary registration of partial transfer of the right to collateral security on November 4, 2009 regarding the part of KRW 686,50,000, out of the maximum debt amount of the instant right to collateral security on November 4, 2009.

2) A on December 31, 2010, G Co., Ltd. (hereinafter “G”)

(3) On December 31, 2010, A transferred KRW 3,395,00,000 among the instant loan claims, and completed additional registration on the remainder of the maximum debt amount of the instant right to collateral security with respect to KRW 4,413,50,000 on the ground of contract transfer. 3) A loaned KRW 3,489,00,000 to G with the fund for the acquisition of the said claim on December 31, 2011.

(hereinafter “Separate Loan Claim”). A establishes a pledge right with the instant loan claim as a pledged bond in order to secure a separate loan claim.

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