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(영문) 서울중앙지방법원 2016.12.21 2016나55003
대여금 등
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. Attached list between the defendant and the co-defendant A of the first instance trial.

Reasons

1. Facts of recognition;

A. Codefendant A of the first instance trial (hereinafter “A”) and the Defendant completed the registration of ownership transfer on June 30, 2009 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on the grounds of sale and purchase on May 21, 2009. The purchase price is KRW 3.45 billion (1 billion in contract amount, intermediate payment, KRW 60 million in intermediate payment, and KRW 2.75 billion in balance).

B. For the payment of the remainder of the above purchase price of KRW 2.75 million, the Defendant acquired the seller’s secured debt of KRW 1.5 billion on October 31, 2006 against the right to collateral security (hereinafter “right to collateral security”) created by K No. 41217, Oct. 31, 2006 on the instant real estate, and completed the registration of the change of the right to collateral security (A shall be a surety’s property) with the Defendant’s obligor, the maximum debt amount of KRW 2.25 billion on June 30, 2009. On June 30, 2009, A borrowed KRW 1.388 billion from the National Agricultural Cooperative Federation and paid KRW 1.25 million among them to K, and paid KRW 1.30 million on June 30, 2009 with the remainder of KRW 1.3 billion on the acquisition of the instant real estate.

(On the other hand, on June 30, 2009, the defendant completed the registration of creation of the right to collateral security against the debtor A in order to secure the obligation of loans to the above National Agricultural Cooperative Federation of A on June 30, 2009.

On November 21, 2012, the Plaintiff loaned KRW 90 million to A as of November 21, 2013 (the maturity was extended on November 21, 2014) interest rate of KRW 6.27% per annum, overdue interest rate of KRW 21% (the overdue interest rate from January 25, 2015 was changed to 15%). On September 17, 2015, the Plaintiff delayed the payment of the principal and interest of KRW 111,529,02 (the principal amount of KRW 90,00,00, interest rate of KRW 7,42,448, overdue interest rate of KRW 14,106,574).

On June 28, 2013, the Defendant purchased A shares on the instant real estate (hereinafter “instant shares”) from A in the purchase price of KRW 1.725 billion.

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