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(영문) 수원지방법원 2018.11.07 2017가단3747
대여금
Text

1. The Defendants jointly pay to the Plaintiff KRW 50,305,547 and the interest rate thereon from January 11, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 24, 2008, Defendant B, while carrying out a business of putting a freezing warehouse (hereinafter “instant freezing warehouse”) on the land of the land of the wife population F, which is owned by E, set up a collateral security on December 24, 2008 with respect to the land of the wife population G (hereinafter “Plaintiff’s land”) owned by the Plaintiff on the land of the Plaintiff, the obligor and the mortgagee of the collateral security (hereinafter “AS Savings Bank”) and the maximum debt amount of KRW 130,000,000 from the ES Savings Bank, and received a loan of KRW 100,000,000 from the ES Savings Bank.

B. On July 22, 2010, the Plaintiff and Defendant B set up a collateral on the Plaintiff’s land with the debtor KRW 144,000,000 with the maximum debt amount of KRW 120,000,000, with the loan of KRW 120,000,000 (hereinafter “instant collateral loan”) as the agent of Defendant C, the mortgagee, and the mortgagee, as the agent of Defendant B, paid the Defendant to the Bank.

C. In addition, the Plaintiff jointly and severally guaranteed the Mar. 1, 200 loan passbook (Account Number H) which Defendant B received from the original ginseng. Defendant B obtained a loan of KRW 15,000,000 with the loan passbook (hereinafter “the loan”).

On December 31, 2012, the Plaintiff repaid KRW 50,305,547 ( principal KRW 50,000,000, interest KRW 305,547) to the National Agricultural Cooperative.

E. Of the instant marina loans, the Plaintiff repaid KRW 1,510,983 as interest on August 24, 2015, and KRW 15,000,000 as principal on May 3, 2016, and KRW 15,410,40,401 as interest and KRW 15,410,01 as interest and KRW 410,40.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 through 4, 6 through 10, and 12 (including each number), and the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. The plaintiff's assertion by the parties is the debtor's defendant.

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