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(영문) 서울중앙지방법원 2017.04.27 2016가단5155563
구상금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 17, 2012, with respect to the land, etc. owned by Kimcheon-si Co., Ltd., the registration of creation of a neighboring mortgage was completed with respect to KRW 130 million with respect to the maximum debt amount, KRW 130 million with respect to the land, etc. owned by the Co., Ltd., and the registration of creation of a mortgage with respect to the land, etc. owned by the Co., Ltd., the debtor, the debtor, the plaintiff, and the mortgagee-mortgage-mortgage Co., Ltd. on April 9, 2012 was completed, and the registration of creation of a mortgage with respect to the land, etc. owned by the Co., Ltd., the registration of creation of a mortgage was completed on October 25, 2012 with respect to the F land, etc. owned by the Co., Ltd.

(B) Each of the above collateral security interests is deemed to be the first collateral security, the second collateral security, and the third collateral security (hereinafter referred to as the “third collateral security”).

Agreged the Plaintiff on the basis of each of the above collateral security rights as follows:

(B) Total amount of loan (hereinafter referred to as “the instant loan obligation”): The date of final calculation of interest on the loan balance (i) interest (ii) 100,750,750,75004,924,561 on January 17, 2012: 75,674, 561 2-mortgage 50,000,003,497,000,003,497,096 last interest on the loan balance (ii) 1-mortgage 1-mortgage 1-mortgage 2-mortgage 2-2,00,000,000,000 on April 9, 2012; and (iii) the date of final inquiry on the loan amount (i) 64,497,497,096; (iv) 7-60,67,606,71-6,70,630,67,706,70

2. Judgment on the plaintiff's primary claim

A. The Plaintiff’s assertion 1) The actual principal obligor of the instant loan is the Defendant and the Plaintiff is the de facto guarantor upon the Defendant’s request, and the fulfillment period for the said loan has arrived. As such, the Plaintiff may exercise the prior right to demand reimbursement against the Defendant, who is the principal obligor, pursuant to Article 42(1)4 of the Civil Act (hereinafter “first primary assertion”).

(2) The Defendant’s loan obligations of this case.

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