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(영문) 서울중앙지방법원 2020.05.27 2019나51071
양수금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff and the succeeding intervenor against the defendant.

Reasons

1. Facts of recognition;

A. Co-Defendant B Co-Defendant B of the first instance trial (hereinafter “B”) took out loans of KRW 100 million on April 22, 1997 from E Co-Defendant B (hereinafter “E Bank”) and KRW 200 million on November 27, 1997, respectively.

With respect to the loan obligations of KRW 100 million, the defendant has jointly and severally guaranteed the limit of KRW 39,000,000 with respect to the loan obligations of KRW 200 million.

B. B entered into a mortgage contract with E bank with respect to six units of an aggregate building located outside Gangseo-gu Seoul, J, and one parcel (hereinafter referred to as only the corresponding units), which were owned by B in order to secure the above loans, and completed the establishment registration of a neighboring mortgage.

The detailed contents of the establishment of the right to collateral security are as follows:

The Seoul Southern District Court No. 125426, Nov. 27, 1997, which received on November 27, 1997, K-ho, 39,000,000 Seoul Southern District Court No. 125426, Nov. 27, 1997, Seoul Southern District Court No. 125427, Nov. 27, 1997, No. 125427, Nov. 27, 1997, Seoul Southern Southern District Court No. 125428, Nov. 27, 1997, No. 125430, Nov. 27, 1997, the Seoul Southern Southern District Court No. 125430, Nov. 27, 1997, No. 125431, Nov. 27, 197, No. 3984, Nov. 4, 1984

C. On February 3, 1999, the E Bank applied for a voluntary auction to Q with the Seoul Southern District Court on the basis of each of the above collateral security rights, and the distribution procedure that was initiated according to the decision on February 4, 1999 was completed on May 25, 200 with the confirmation of the distribution schedule.

E Bank received dividends of KRW 188,417,159 in the third order.

Plaintiff

The successor intervenor is the final transferee of each of the above loans.

Specific transfer and acquisition and notification details shall be as listed in the following table:

H. Around November 2000 around November 2002, 2002, the transferee of credit, which is the date of notification of the assignment of credit to B as of the date of the assignment of credit, H. around October 28, 2004, around October 13, 2004, the FF limited liability company G Co., Ltd. on the FB around November 2002.

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