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(영문) 서울남부지방법원 2015.09.03 2014가합13489
손해배상 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant’s loan (1) on August 4, 2006, Plaintiff A borrowed KRW 900,000,000 as collateral for the right to collateral security (hereinafter “the right to collateral security”) for the amount of KRW 1,170,000,000, which was paid on August 4, 200 with respect to the land and its ground buildings owned by the Plaintiff A, B, and Nonparty D (hereinafter “instant real estate”) from the Defendant on August 4, 2006, as well as the right to collateral security (hereinafter “the right to collateral security”) owned by the Plaintiff A, B, and Nonparty D, and the Plaintiff and D jointly and severally guaranteed the said obligation to collateral.

(2) On December 28, 2006, Plaintiff A borrowed KRW 350,000,000 from the Defendant (the last maturity date of the loan; hereinafter “350,000,000 loan”) with respect to the instant real estate, the Plaintiff A set up a collateral security (the maximum debt amount of KRW 455,00,000) with respect to the instant real estate, and the Plaintiff B and D jointly and severally guaranteed the said loan obligations.

(3) On June 12, 2009, Plaintiff A obtained a credit loan of KRW 55,000,000 from the Defendant (the last maturity date of the loan; hereinafter “5,000,000 loan”) and Plaintiff B and D jointly and severally guaranteed the above loan obligations.

(4) The Plaintiff A borrowed KRW 20,000,000 from the Defendant as a credit loan.

B. On January 31, 2006, Plaintiff B borrowed KRW 300,000,000 from the Defendant as collateral the maximum debt amount of KRW 390,000,000 for the instant real estate, which was received on August 4, 2000 from the Defendant, with respect to the instant real estate (hereinafter “30,000,000 loan”), and the Plaintiff and D jointly and severally guaranteed the said loan obligations.

(2) The Plaintiff B borrowed KRW 20,000,000 from the Defendant as a credit loan.

C. On August 14, 2003, Plaintiff C loaned KRW 50,000 as the Employment Promotion Fund for the Disabled Persons Act (hereinafter “50,000,000,000) to the Defendant’s loan to the Plaintiff C with the agreed interest of KRW 3% on August 14, 200 and maturity of June 30, 2010.

The plaintiff A, B, and D guaranteed the above loan obligations. D.

As to the instant real estate.

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