logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.11 2016가합529852
손해배상(기)
Text

1. The plaintiff's primary claims against the defendant B and E are dismissed, respectively.

2. Defendant B and E shall jointly and severally serve as the Plaintiff 1,980.

Reasons

1. Basic facts

A. The Plaintiff and Defendant E are parties. 1) The Plaintiff and Defendant E are corporations F (hereinafter “F”) aimed at real estate sales, lease, etc.

(2) Defendant C is a person who mediates the purchase of real estate and non-performing loans to Plaintiff and Defendant E.

B. The G building acquisition and joint and several sureties 1) F is a building H through I, J, and K located in Geumcheon-gu Seoul Metropolitan Government on June 29, 2012 (hereinafter “instant G building”).

(2) On August 3, 2012, F obtained a loan of KRW 3,300,000,000 from L Co., Ltd. (hereinafter “L”) (hereinafter “instant loan”) and entrusted the instant G building to M Co., Ltd. as security for the said loan.

3) The Plaintiff and Defendant E enter into a limited collateral guarantee contract with L to the extent of KRW 1,980,000,000 among the obligations of the instant loans on the same day (hereinafter “instant joint and several guarantee”).

C. (c) On February 21, 2013, the Plaintiff, Defendant C, and E, who acquired the right to collateral security on a partitioned building, are the third floor O of the building located in Sungnam-gu, Sungnam-si (hereinafter “instant branch building”).

(D) On March 21, 2013, the Plaintiff and Defendant E entered into a partnership agreement with respect to the establishment of a neighboring mortgage on each one-half share on the ground of a final claim transfer with respect to the right to collateral security established on the instant divided building on March 15, 2013 (hereinafter “instant agreement”). The following agreements are concluded on October 21, 2013 (hereinafter “instant agreement”).

(1) Upon the request of Defendant E, the Plaintiff and Defendant E delegate their authority to dispose of G buildings of this case to Defendant B, and Defendant B terminate the guarantee of KRW 3.1 billion in the balance of the Plaintiff’s L loan to Defendant E and the Plaintiff (Provided, That in the event of disadvantage to the Plaintiff in connection with the disposition, etc. of the said corporation, Defendant E and Defendant B shall be jointly and severally liable.

(b).

arrow