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(영문) 서울중앙지방법원 2019.07.25 2017가합535595
약정금
Text

1. The Plaintiff:

A. Defendant B, C, and D are jointly and severally liable;

B. Defendant E is the above.

The Defendants described in the subsection (i.e., the Defendants

Reasons

1. Facts of recognition;

A. On December 15, 2014, the Plaintiff leased KRW 350 million to Defendant B at interest rate of 36% per annum. Defendant C Co., Ltd (hereinafter “Defendant C”) and Defendant D jointly and severally guaranteed the Defendant’s obligation to borrow money.

(hereinafter “instant loan”). (b)

On December 17, 2014, Defendant E prepared and issued to the Plaintiff a certificate of subrogation on the instant loan with the following contents:

(hereinafter referred to as the “certificate of subrogation”). On December 16, 2014, the amount of money equivalent to KRW 700 million is confirmed to be the principal of the secured loan (afford loan) by establishing a collateral security right as a collateral for FF buildings G and H real estate (or equivalent price) at Asan-si, Busan-si (hereinafter referred to as the “certificate of subrogation”). However, on December 16, 2014, the creditor (A) shall pay the amount which the principal was insufficient when the principal was recovered: Provided, That the amount of money borrowed by the creditor (afford loan) shall be automatically extinguished

A Haar

C. On December 16, 2014, the Plaintiff completed, as security of the instant loan, the registration of creation of a mortgage (hereinafter “instant mortgage”) on the Asan City F&C building (hereinafter “F building”) G (hereinafter “instant commercial building”) owned by the Defendant C, KRW 50 million with the maximum debt amount of KRW 525 million, Defendant B, and the Plaintiff-mortgaged mortgage holders (hereinafter “instant commercial building”).

As the Plaintiff was unable to receive the instant loan, it applied for a voluntary auction on the instant commercial building on the basis of the instant right to collateral security and applied for a decision to commence an auction on April 19, 2016. However, on the ground that the instant commercial building was incorporated into common areas of the building around April 10, 2013 as the building register was closed, the Plaintiff was ordered to revoke an auction on June 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, 9, 11, 12, Eul evidence No. 1-3, 4, 2, 5, and 6, the purport of the whole pleadings

2. The facts of the determination as to the cause of the claim.

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