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(영문) 서울동부지방법원 2018.09.12 2018가합101961
대여금
Text

1. Defendant B: (a) KRW 300 million to the Plaintiff; (b) KRW 5% per annum from January 1, 2017 to April 8, 2018; and (c) from the following day.

Reasons

1. Basic facts

A. From October 4, 2013 to August 12, 2016, Defendant B borrowed a total of KRW 1 billion from the Plaintiff from the Plaintiff.

On August 12, 2016, Defendant B agreed to borrow additional KRW 120 million from the Plaintiff, to repay (50 million per annum after the date of repayment) KRW 1.26 billion plus KRW 90 million for the Plaintiff’s obligation to the Plaintiff and KRW 120 million for the additional loan, as well as KRW 1.2 billion, Defendant B agreed to repay (5% per annum after the date of repayment) by December 31, 2016.

B. Meanwhile, on December 3, 2015, Defendant B borrowed KRW 1.266 billion from the Defendant CF in order to newly construct the instant loan on the instant land, which is owned by it, on the one hand, the first priority beneficiary (the first priority beneficiary amount: KRW 1.82 billion) of the Defendant C Union with respect to the instant land, and the Plaintiff as the second priority beneficiary (the first priority beneficiary amount: KRW 1.5 billion), and the second priority beneficiary (the first beneficiary amount): concluded a security trust agreement with the G organization and completed the trust registration in the future of the G organization.

C. On February 24, 2017, Defendant B terminated the said collateral trust contract and completed the registration of ownership transfer based on the reversion of trust property with respect to the instant land, and thereafter, Defendant CC association created the first priority collateral with the maximum debt amount of KRW 1.82 billion in the future, and the second priority collateral with the maximum debt amount of KRW 1.5 billion in the future of the Plaintiff.

On March 31, 2017, Defendant B entered into a contract with Defendant C to set up an additional collateral security on the instant loan in order to secure the above loan obligation against Defendant CC (hereinafter “instant additional collateral security contract”).

As to the loan of this case, the registration of ownership preservation was completed in Defendant B on August 3, 2017 upon the entrustment of the registration of provisional disposition on August 3, 2017, but the registration of the establishment of a neighboring mortgage under the instant additional mortgage contract was not completed yet.

The defendant C&C shall set the time limit for the instant additional contract of creation against the defendant B.

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