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(영문) 서울중앙지방법원 2015.09.18 2014가합59052
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 538,131,829 and KRW 311,878,981 among them. From January 3, 2012.

Reasons

1. The judgment of this Court

(a) Determination 1 on the cause of the claim 1) Facts under the recognition of the facts are as follows: Gap evidence 1 to 3 (which includes a serial number).

A) On June 25, 2010, 2010, 1250,000 won was extended to Defendant C&C Co., Ltd. (hereinafter “S&C”) on a credit basis with each of its entries and arguments as a whole, and 1.25 billion won was extended to Defendant C&C (hereinafter “S”) on a credit basis, with a credit limit of KRW 1.25 billion, interest rate of KRW 11% on January 25, 201, interest rate of KRW 11% per annum, delay damages interest rate of KRW 25 million per annum.

Defendant A and Qro Development Co., Ltd. (hereinafter “Meat Development”) jointly and severally guaranteed the above loan obligations at the time.

B) On June 23, 2010, Defendant Qro Development entered into a real estate collateral trust agreement on the land in Ulsan-gun, Ulsan-gun alternative 271-6, in order to secure the above loan obligation, and designated the Pakistan Savings Bank as the first priority beneficiary. On June 30, 2011, the Bank was repaid KRW 938,121,019 out of the above loan obligation, based on the above priority beneficiary interest, the Financial Services Commission decided to transfer the contract related to financial transactions, such as deposit loans of the Pakistan Savings Bank (hereinafter “decision for contract transfer”), to the Plaintiff on January 23, 2012, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry (i.e., the principal and interest amount of the loan to the Plaintiff on January 28, 2012; (ii) KRW 2818,281,281,2888,298,281,298,281,281,2,2818,2,281.

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