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(영문) 전주지방법원남원지원 2017.04.13 2016가합71
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 175,000,000 and the Defendants’ aforementioned amount from January 21, 2017 to 2017

1. up to 31.5% per annum.

Reasons

1. The Plaintiff, which caused the Plaintiff’s claim, concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendants and the Defendants stipulating that the instant real estate shall be leased KRW 50,00,000,00 for lease deposit, KRW 5,000 for rent monthly, KRW 5,000,00 for rent, and period of lease from December 30, 201 to December 30, 2013 (hereinafter “instant lease agreement”).

(4) The Plaintiff and the Defendants concluded the instant lease agreement with G. The Plaintiff and the Defendants agreed to jointly and severally liable the Defendant’s obligations for the loans secured by the instant real property, such as reimbursement of the principal of the secured debt of the future Savings Bank of Korea, which is scheduled to be established in the instant real estate, as the interest rate of KRW 300,000,000, out of the principal of the secured debt of the right to collateral security of the future Savings Bank of Korea, which is scheduled to be established in the instant real estate, as the interest rate, instead of the rent, the Defendants paid the amount of KRW 150,00,000 directly to the mortgagee as the interest rate.

Since then, on December 30, 201, the Suwon District Court completed the registration of creation of a mortgage with respect to the instant real estate at KRW 585,000,000, which was received on December 30, 201 from the Suwon District Court, the Future Savings Bank Co., Ltd., Ltd., the debtor G, and the maximum debt amount.

However, on June 27, 2014, the Defendants failed to pay interest under the above agreement at once, and the Korea Deposit Insurance Corporation in bankruptcy of the future Savings Bank, Inc. applied for the auction of real estate on the instant real estate based on the collateral security.

On October 2015, the Plaintiff and the Korea Deposit Insurance Corporation shall, upon the Plaintiff’s request, pay to the Korea Deposit Insurance Corporation KRW 100,000,000 out of the secured debt of the right to collateral security, on October 30, 2015, and KRW 300,000,000 out of the remainder as KRW 5,00,00 each month from November 20, 2015, on the condition that the remainder 185,00,00,000 is paid in lump sum at the end of the reimbursement.

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