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(영문) 서울중앙지방법원 2020.02.06 2018가단5005822
대여금
Text

1. A. Defendant B and C jointly share the Plaintiff KRW 104,008,504 and their amount from August 5, 2017.

Reasons

1. Basic facts

A. Defendant C (hereinafter “Defendant C”) is a corporation that is engaged in real estate consulting business, collateral collateral trading business, factoring business, etc., and Defendant B is an internal director who is the representative of Defendant C.

Defendant D Co., Ltd. (hereinafter “Defendant D”) is a corporation that engages in bond purchase, sales, credit business, loan brokerage business, etc., Defendant D’s representative is G in-house directors, and G’s spouse and actual operator is H.

H is also the representative of the IF.

A certified judicial scrivener office of Defendant E is the chief of the office.

B. The existence of the right to collateral security and commencement of voluntary auction 1) J on November 9, 2012, the Lho Lake and M of the K Ground Building in Nam-gu Incheon Metropolitan City (hereinafter “each of the instant partitioned buildings”) is deemed to be each of the instant partitioned buildings.

On November 9, 2012, J concluded a mortgage agreement with the National Association on each of the instant partitioned buildings of KRW 786,500,000 with the maximum debt amount, and completed the registration of establishment of a neighboring mortgage (hereinafter in this regard, the N Association’s mortgage right is referred to as the “instant mortgage”).

(2) On January 21, 2016, the N Association applied for voluntary auction on each of the instant sectional sections based on the instant collateral security, and on the same day, the voluntary decision on commencement of auction was made (O of the Incheon District Court) and the registration of voluntary decision on commencement of auction was completed on each of the instant sectional sections.

C. (1) The instant right relationship concerning the instant right to collateral security was transferred to Defendant D on November 25, 2016 on the ground that the instant right to collateral security was transferred to Defendant D on November 25, 2016. (2) Defendant D entered into a pledge agreement with P Co., Ltd. (hereinafter “stock company”) on November 25, 2016 with regard to the instant right to collateral security and completed the registration of the right to collateral security in P.

3) When Defendant D borrowed KRW 170,00,00 from the Plaintiff on December 28, 2016 and Defendant D promised to repay the debt from the pledgee, Defendant D promised to repay the debt on March 1, 2017, and the interest rate shall be 6% per annum (the first day of each month of payment).

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