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Reasons
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(영문) 서울중앙지방법원 2014.06.27 2013가단20265
대여금 등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the designated parties entered into a credit transaction agreement as follows:

(2) On May 21, 2001, Defendant 3,000,000 won for Defendant 19,50 million won for Defendant 1,50,000 won for May 26, 2001, as well as Defendant 4,80,000 won for Defendant 4,00 won for May 17, 2002, 200 won for Defendant 57,200,000 won for Defendant 3,00,000 won for joint and several surety for the credit commencement date.

B. Meanwhile, in order to secure each credit claim of this case, the Plaintiff set up a collective security right of KRW 7,40,000,000,000 as the maximum debt amount of KRW 3,60,000 as well as KRW 1,100,00,000 as the maximum debt amount of KRW 7,440,000,00 as the maximum debt amount of KRW 3,000,00. Based on such collective security right, the Plaintiff filed an application for voluntary auction with the Daejeon District Court D on February 11, 2008. Accordingly, the total amount of the credit amount reported including each credit claim of this case on February 28, 2008 is as follows.

As of February 28, 2008, aggregate of the balance of principal and interest, etc. as of February 25, 2008, KRW 16 million 25,74,411,250,000,000 KRW 31,763,629,000 KRW 333,881,204,00 KRW 44,000 KRW 50,489,095 KRW 50,00 KRW 39,226,431,00 KRW 573,739,725,725 KRW 2,756,180,01,00 KRW 638,525,71,00 KRW 636,716,717,716,767,717, and 75,7617, respectively, shall be included in the dispute.

2. Determination as to the cause of claim

A. According to the general terms and conditions of bank credit transactions applicable to each of the credit agreements in this case according to the agreement between the Plaintiff and the designated parties, the Plaintiff may determine the order of appropriation of the obligation in the order of payment of the expenses, interest, and principal to the extent no less favorable to the designated parties who are the debtor.

Based on these agreements, the Plaintiff’s dividends 720,503.

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