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1. The Plaintiff:
A. Defendant A Co., Ltd.: (a) from March 12, 2010 to KRW 37,701,516, as well as KRW 2,832,859,364.
Reasons
1. Facts of recognition;
A. The first loan 1 of this case is a Samsung Mutual Savings Bank (hereinafter “Teosung Mutual Savings Bank”)
(1) On March 23, 2007, Defendant A Co., Ltd. (hereinafter “Defendant A”).
2) A loan extended 2.6 billion won to the Plaintiff at the rate of 13.5% per annum, 25.5% per annum, 20.5% per annum, and 23 June 2007 due date for payment (hereinafter “instant first loan”).
2) At the time of the instant loan 1, Nonparty B, C, D, E, F (hereinafter “Defendant F”), and Nonparty G entered as joint and several sureties at the time of the instant loan 1, the amount of each guarantee limit of the said joint and several sureties is KRW 3.38 billion.
3) On March 23, 2007, the Seoul Gangnam-gu Seoul Special Metropolitan City I to 536.8 square meters and the above five-story building owned by H for the debtor Eul on March 23, 2007 (hereinafter “instant secured real estate”).
(3) As to the instant mortgage contract, the lower court’s determination is justifiable. In so determining, the lower court did not err by misapprehending the legal doctrine as to the right to collateral security, thereby adversely affecting the conclusion of the judgment.
(4) As to the first loan of this case, Defendant A, B, E, and F extended the loan term and the guarantee term until January 28, 2009, Defendant C until July 28, 2008, and Defendant D until February 28, 2008.
B. On June 26, 2008, a mutual savings bank trilified loans of this case set a loan with an agreement of KRW 1.71 billion to Defendant A at the rate of KRW 3% per annum, 25% per annum, and due date on June 26, 201.
(hereinafter referred to as “the instant second loan”). Dong Young L&C entered as a joint and several surety, and the guarantee limit amount is KRW 2.22 billion.
C. Voluntary auction and dividend 1) The Industrial Bank of Korea, one of the collateral security holders of the instant secured real estate, is the Seoul Central District Court J on November 17, 2008, is the voluntary auction of the instant secured real estate.
filed an application, and the Samsung Mutual Savings Bank on 2010.