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(영문) 서울고등법원 2019.02.21 2018나2004312
전부금 청구의 소
Text

1. The judgment of the first instance, including the conjunctive claim added by this court, shall be modified as follows:

Reasons

1. Basic facts

A. The Defendant’s loan 1) The Defendant Company C on July 8, 2014 (hereinafter “C”).

A) On July 7, 2017, each due date was set at the interest fluctuation rate (8.85%, and 11.36% at the time of loan) and leased KRW 400 million (hereinafter “first loan”).

C) On the same day, the machines and instruments owned by C are 37 points (hereinafter referred to as “instant movables”).

As to the Defendant, the registration of the creation of a security interest in movable property, the duration of which is five years (hereinafter “instant movable property security interest”) was completed in the future regarding the maximum debt amount of KRW 480,000,000,000,

(2) On July 10, 2014, the Defendant lent KRW 530 million each at the maturity date on July 10, 2015 and interest rate of KRW 6.34% (hereinafter “second loan”) to C (hereinafter “second loan”), and F provided credit guarantee for the second loan obligation with the amount of KRW 420 million guaranteed on the same day.

B. On July 14, 2014, in order to secure the debt of the first loan, the Plaintiff, who provided water collateral, completed the registration of creation of a neighboring mortgage against the land and its ground convenience facilities in Songpa-gu Seoul, Songpa-gu, Seoul, the maximum debt amount of which was KRW 400 million, the debtor C, and the mortgagee as the defendant.

(hereinafter “instant collateral security”). C.

The Defendant’s security interest in movable property was suspended on September 3, 2014, and the current account transaction was delayed twice in paying the principal and interest repaid, and thus, the Defendant lost the benefit of the second loan on October 8, 2014 by delaying the payment of the agreed interest for 14 consecutive days. (2) On September 25, 2014, the Defendant sent a notice of expected execution of the security interest, stating the 1,271,57,00 won of the movable property in this case, the appraised value of the movable property in this case (1,271,57,00 won), the secured debt amount (480,000 won), and the said notice was used as the term “disposition of the real property in this case, not the private liquidation method of the public sale, for reasons that the sale of the movable property in this case is anticipated.”

(hereinafter the same shall apply)

(b).

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