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(영문) 서울중앙지방법원 2015.05.15 2014가합53122
보증채무금
Text

1. The defendant shall pay to the plaintiff KRW 2,022,318,368 and KRW 1,820,086,531 among them, from August 1, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a new construction contract and a management-type land trust contract for B) around July 2008, the Plaintiff Company B (hereinafter “B”).

2) From Daegu-gu to Daegu-gu, B Automobile Sales Center and neighborhood living facilities (hereinafter “instant building”).

(2) Around October 2009, B, International Trust Co., Ltd. (hereinafter “International Trust”) and the Plaintiff concluded an international trust agreement with the trustor B, International Trust Co., Ltd., National Bank of Korea, New Capital Capital Co., Ltd, New Capital Capital Co., Ltd, New Capital Capital Co., Ltd, Single Capital Co., Ltd., Ltd., Vice Mutual Savings Bank, Teachers and Capital Co., Ltd., Ltd., Teachers and Mutual Savings Banks, and the Second Priority Beneficiaries Co., Ltd., Ltd., the Plaintiff as the Plaintiff.

3) The Plaintiff completed the new construction of the instant building on October 2010, and around December 30, 2010, the registration of initial ownership was completed in the future of international trust on the instant building. B, on August 11, 2011, the trade name was changed to the Korea Social Co., Ltd. (KF Capital Co., Ltd., Ltd., on March 20, 201).

hereinafter referred to as “Korean society”

(2) The loan (hereinafter “the loan in this case”) shall be borrowed on August 12, 2012 at the rate of eight billion won (8%) per annum, rate of eight percent per annum, and rate of compensation for delay (25 percent per annum).

In addition, among the buildings in this case, general restaurants of the third floor No. 7, 9, 12, 4, 2 through 5, 7, 9, 13 through 15, 2 through 4, 7, 9, 13 through 15, 5, 7, 9, 13 through 15, and 6th floor No. 8 (hereinafter “object of the instant collective security”).

2) As to the right to collateral security, the right to collateral security (hereinafter referred to as the “mortgage of this case”) is the right to collateral security (hereinafter referred to as the “mortgage of this case”).

(C) The Defendant, Inc., and D, the representative director of B, jointly and severally guaranteed the instant loan obligation. C. The assets acquired the instant loan claim, etc. also did not repay the instant loan obligation.

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